NJ Supreme Court Upholds Property Recording System
NJBA filed as amicus in an appeal from DEP's denial of a CAFRA permit relying, in part, on a deed restriction that the agency claims it intended (but failed) to record. DEP takes the position that it intended to apply a deed restriction. In its decision, the NJ Supreme Court ruled in favor of plaintiff and upheld the integrity of the property recording system. (Island Venture Associates v. NJDEP – Amicus)

NJ Supreme Court Opinion, May 5, 2004

NJ Supreme Court Validates Off-Site Disclosure Law
In a unanimous opinion, the New Jersey Supreme Court upheld the disclosure duties as detailed in the Off-Site Conditions Disclosure Act, which defines the entirety of disclosure requirements required by property owners and sellers. (Ellen Nobrega et als. v. Edison Glen Associates, et als. – Amicus)

NJ Supreme Court Opinion, May 22, 2001

NJ Supreme Court Again Rejects Discriminatory Zoning Practices
The NJ Supreme Court declared municipal discriminatory land use practices unconstitutional and, once again, told municipalities they have an obligation to provide a realistic housing opportunity for those of modest means. (Toll Brothers v. West Windsor – Amicus)

NJ Supreme Court Opinion, August 1, 2002

Appellate Panel Validates Severe CAFRA Site-Specific Density Limits
NJBA challenged DEP’s CAFRA regulations (February 2000) that imposed severe site-specific density limits throughout the CAFRA region that were later upheld by the Appellate Division. (NJBA v. NJDEP)

Superior Court Appellate Division Decision, May 31, 2002

Appellate Panel Invalidates DEP Septic Rules Imposing De Facto Building Ban
NJBA challenged DEP’s unworkable wastewater management regulations that were illegally adopted. The Appellate Division reversed DEPs imposition of its de facto building ban in the much of the state. (NJBA v. NJDEP)

Superior Court, Appellate Division Decision, March 18, 2002

Timely Zoning Permit Requirements Upheld
Two municipalities filed challenges to a provision in the MLUL that provides that any application for a zoning permit be granted or denied within ten business days or be deemed approved. The provision was sustained by the Council on Local Mandates (COLM) which rejected the NJ League of Municipalities’ un-funded mandate argument, but accepted that those municipalities that chose to impose zoning permits were mandated to act within 10 days. (In the matter of Complaint filed by Ocean & Frankford Twps. – Amicus)

Council on Local Mandates, Decision, August 2, 2002