Thursday, December 16, 2010 (Afternoon)
NEWS
NJ Supreme Court rejects Rockaway Twp. appeal of Christ Church exemption (Jennings, The Daily Record) Rockaway, Morris County
“The New Jersey Supreme Court has declined to hear Rockaway Township’s appeal of Christ Church’s exemption from the state Highlands Law.”
COURTS
Cortesini v. Hamilton Township Planning Board (Appellate Division) Hamilton, Mercer County
“This appeal involves the grant by defendant Hamilton Township Planning Board (Board) to defendant Wal-Mart Real Estate Business Trust (Wal-Mart) of land use approvals for the proposed renovation of an existing Wal-Mart store. The primary argument presented by plaintiffs, who are property owners in Hamilton Township, is that the Board’s resolution authorizing this renovation is invalid because the approvals did not include a bulk variance authorizing the nonconformity of parts of the existing Wal-Mart parking lot with the parking area setback requirement of the Hamilton Township zoning ordinance. We reject this argument because the nonconformity with the parking area setback requirement is a feature of the existing Wal-Mart parking lot that was authorized by the subdivision and site plan approvals granted by the Board in 2001 and 2002, and the proposed renovation will not increase or otherwise affect that nonconformity. Therefore, plaintiffs’ challenge to the land use approvals granted by the Board for this renovation constitutes an untimely collateral attack upon the land use approvals the Board granted in 2001 and 2002 for construction of the original Wal-Mart store.”
Tuesday, December 14, 2010 (Morning)
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NEWS
NJ Transit requests $75M from killed ARC tunnel funds for new train cars (Staff, The Associated Press) Statewide
“Money meant to build a new rail tunnel under the Hudson River might be used to purchase new train cars.”
Proposed Lawrence drug rehab center back before zoning board (Staff, The Trentonian) Lawrence, Mercer County
“On Wednesday night, the Lawrence Zoning Board will resume its hearing into developer John Simone’s application for a use variance that would permit him to lease part of his vacant medical office building at 100 Federal Point Blvd. to Sunrise Detox to run a 38-bed residential treatment facility.”
COURTS
Devito v. Zoning Board of Adjustment of the Township of Middletown (Appellate Division) Middletown, Monmouth County
Zoning Board rejected fence. Applicant appealed, trial court ruled that the Zoning Board acted in an arbitrary, capricious, and unreasonable manner. Appellate Division reverses trial court.
Thursday, December 2, 2010 (Morning)
NEWS
Subtraction pending for addition (Frankel, Bloomfield Life) Bloomfield, Essex County
“Two Halcyon Park residents have been ordered to tear down a home addition that was ruled illegal, even after the township originally gave them a go-ahead to build.”
RFP
Special Project Engineer (Deptford, Gloucester County)
CASE
Dreskin v. ZBA of the Township of Jackson (Appellate Division, Jackson, Ocean County)
Appellate Division affirms Law Division’s ruling that the ZBA did not act in an arbitrary, unreasonable, or capricious manner in granting a conditional use variance to allow a wrestling school as a home occupation.”
Wednesday, November 17, 2010 (Afternoon)
Fernandez v. Township of Bloomfield (Appellate Division, Bloomfield, Essex County)
Case involving the issuance of construction permits, the commencement of construction, stop work order due to zoning violations, and then denial of a variance (applicant claimed c1 hardships). Plaintiffs argue that the Board was equitably estopped from denying their variance, and that the denial was arbitrary and capricious. Court finds that the Board acted property and affirms the decision of the trial court.
Tuesday, November 2, 2010 (Afternoon)
Millburn officials seek to pass first resolution in N.J. supporting killed ARC tunnel (Kelley, The Independent Press) Millburn, Essex County
“Gov. Chris Christie may have killed the Hudson River rail tunnel, but some Millburn officials want to try and resuscitate it.”
Opinions differ on court’s decision on fort plan (Davison, Atlanticville) Fort Monmouth, Monmouth County
“Housing advocates and local legislators disagree about the impact of an appellate court decision that invalidates the housing portion of the Fort Monmouth reuse plan.”
Thursday, October 14, 2010 (Morning)
NEWS
COAH application deemed complete, then COAH rules invalidated (Zimmer, Suburban Trends) West Milford, Passaic County
“The township’s third-round Housing Element and Fair Share Plan application was recently deemed to be administratively complete by the state’s Council on Affordable Housing (COAH).”
State agrees to give big buck$ to Hamilton, Robbinsville and East Windsor for tree replacement (Abdur-Rahman, The Trentonian) Mercer County
“The state finally saw the forest for trees in Hamilton, Robbinsville and East Windsor.”
Robbinsville: Council eyes smoother path for Town Center South (Degnan, The Messenger-Press) Robbinsville, Mercer County
“The Township Council is set to vote tonight (Thursday) on a resolution aimed at jump-starting the long-stalled development of 90 acres on the south side of Route 33 collectively known as Town Center South.”
Avalon considers affordable housing plan (Leach, The Press of Atlantic City) Avalon, Cape May County
“As the state continues to debate how affordable housing requirements will change in New Jersey, the borough is beginning to work on its own plan to meet the needs of a barrier island community.”
OPINION
New Jersey cannot afford to cancel rail tunnel project (Bressler, for the Times of Trenton) Statewide
“A little more than 24 hours after canceling New Jersey’s commitment to help pay for a second rail tunnel connecting New York and New Jersey, Gov. Chris Christie met with Transportation Secretary Ray LaHood and agreed to rethink his decision. Although the hour-long meeting did not resolve the governor’s concerns about how the tunnel should be funded, it did emphasize one important point: New Jersey has options beyond simply walking away.”
Wednesday, October 13, 2010 (Evening)
NEWS
Sen. Lautenberg approaches N.Y. financial firm on funding endangered Hudson River tunnel (Strunsky, The Star-Ledger) New York
“Sen. Frank Lautenberg says he has spoken with a large financial firm about the possibility of private financing for the endangered trans-Hudson rail tunnel.”
Court: Mahwah zoners correct in granting Pilot variance (Pries, The Record) Mahwah, Bergen County
“A Superior Court ruled that the Zoning Board of Adjustment was correct in granting Pilot a variance to redevelop a Route 17 truck stop.”
OPINION
Paying their fair share for the rail tunnel (Plotch, The Record) Statewide
“I once asked a state legislator a question that is relevant when thinking about how to pay for a new Hudson River rail tunnel.”
Eminent domain: Stop dithering (Staff Editorial, The Asbury Park Press) Statewide
“It is becoming increasingly clear that the state Legislature isn’t interested in updating its eminent domain laws to better protect citizens against unwarranted seizure of their property by the government.”
Tuesday, October 12, 2010 (Evening)
For affordable housing, a court victory (Ahearn, The Record) Statewide
“Affordable housing advocates, environmentalists, legislators and Governor Christie joined last week in praise of an appellate court decision.”
Friday, October 8, 2010 (Morning)
NEWS
N.J. court invalidates many affordable housing rules, gives 5 months for new regulations to be written (Ackermann, The Star-Ledger) Trenton, Mercer County
“A state appellate decision released today invalidates a substantial portion of New Jersey’s affordable housing rules and gives the agency that oversees regulation five months to write new ones.”
Christie Halts Train Tunnel, Citing Its Cost (McGeehan, The New York Times) Hudson County
“The largest public transit project in the nation, a commuter train tunnel under the Hudson River to Manhattan, was halted on Thursday by Gov. Chris Christie of New Jersey because, he said, the state could not afford its share of the project’s rising cost.”
Gov. Christie’s decision to kill Hudson River tunnel project gets mixed reviews (Deak, mycentraljersey.com) Trenton, Mercer County
“Gov. Chris Christie’s decision on Thursday to cancel the construction of a rail tunnel to New York City may prompt at least one Central Jersey town along NJ Transit’s Raritan Valley Line to reconsider plans to rejuvenate itself through transit-oriented development”
OPINION
Playing politics with transportation projects in dangerous for New Jersey (Adubato, for newjerseynewsroom.com)
“One wonders when the silly games and finger pointing will end down at the Statehouse. The latest episode involves transportation funding for much-needed improvement projects that were put on hold by the Christie Administration and then just as quickly were put back in play when the legislature decided to act after months of doing nothing.”
COURT OPINION
In the matter of the adoption of NJAC 5:96 and 5:97 by the New Jersey Council on Affordable Housing (Appellate Division)
Monday, October 4, 2010 (Evening)
OPINION
Revitalization projects would provide boost (Staff, The Daily Journal) Vineland, Cumberland County
“Two Vineland projects, one a near certainty and the other a tantalizing possibility, would be perfect fits for the city and provide an economic boost to the area.”
COURT OPINION
Market Street Mission v. Zoning Board of Adjustment of City of Asbury Park (Appellate Div) Asbury Park, Monmouth County
Appellate Division reverses the judgement of the trial court (affirming the denial of a use variance—inherently beneficial use) and remands the matter to the Zoning Board to set reasonable conditions.
