Challenges to Planning Board Decisions Get More Complex

Posted by on Jul 21, 2010 in Municipal Land Use Law, Variances

By: Michael J. Lipari, Esq.
In a decision just issued by the Appellate Division, the court held that if a trial court hearing a challenge to a planning board decision perceives a substantial question concerning the validity of the zoning ordinance under which the approval was sought, the court should join the governing body to the action and determine the validity of the zoning ordinance prior to hearing the merits of the board’s decision. (See Jackson Holdings, Inc. v. Jackson Township Planning Board.)

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N.J. Supreme Court Rules Landowner Must Be Compensated in Beachfront Takings Case

Posted by on Jul 8, 2010 in Condemnation

By: Henry T. Chou, Esq.
Marking a significant victory for private property rights, the New Jersey Supreme Court has ruled in Klumpp v. Borough of Avalon that owners of beachfront property must be compensated for the taking of their property by a municipality nearly fifty years ago. The property, owned by Edward and Nancy Klumpp, was physically taken by Avalon for the construction of protective dunes after the nor’easter of 1962. It has been the subject of contentious litigation since 2004, when the Klumpps were denied permits to build a new home on the property. While the Supreme Court has ruled for the Klumpps, the case is not over, as it has been sent back to the trial court for a determination of the amount of compensation due to the Klumpps.

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