The New Jersey Builders Association (NJBA) and the New Jersey Department of Community Affairs (Department) have engaged in a series of successful meetings intended to make the DCA implementation of the Planned Real Estate Development Full Disclosure Act (PREDFDA) more transparent to the development community.  Toward that end, the NJBA and the Department want to make the development community aware of the resolution of some of the issues that have been discussed...

In a decision issued last week, the state Appellate Division upheld the statutory authority of the New Jersey Department of Environmental Protection in its adoption of problematic provisions of the 2008 WQMP rules.

In Heritage at Independence, LLC, v. [State of New Jersey and various agencies], the court found (among other things) that the appellant did not exhaust its administrative remedies and did not seek a permit waiver from DEP.  The decisions states, "the hardship waiver provision establishes a sufficient means to prevent undue interference with a property owner's rights.  N.J.A.C. 7:36-6.8 contains a litany of factors to be considered by the DEP, on a case-by-case basis, to determine waiver relief."

On July 23, 2010, the Superior Court reversed a Sayreville Planning Board decision to deny an application submitted by Kaplan Companies to remove the age restrictions from an approved senior housing project. 

Centex Homes appealed an order of the BPU denying that public utilities pay for or contribute to the cost of service extensions. On December 30, 2009, the Superior Court of New Jersey Appellate Division ruled that the BPU exceeded its authority under N.J.S.A. 48:2-27 in prohibiting regulated utilities from paying for or financially contributing to extensions in certain areas not designated for growth under the State Plan, saying, "...[T]he language of the State Planning Act does not evince a legislative intent that the State Planning Act be integrated into the BPU's non-discretionary legislative mandate to determine the allocation of costs for service extension in designated areas of the State Planning Map." 

On June 25, 2009, the New Jersey Supreme Court issued a unanimous decision upholding an Appellate Division ruling which declared a Jackson Township ordinance invalid.

In a unanimous decision, the New Jersey Supreme Court reversed an Appellate Division decision which declared a Jackson Township Tree Ordinance invalid.

The NJ Supreme Court affirmed an Appellate Division decision upholding the taking of lands under the Highlands Act. OFP, L.L.C., was prevented from subdividing a 93-acre tract in Morris County and argued that the law amounted to an unfair taking of its land without compensation. According to the court, the developer did not exhaust all possible administrative remedies.

The Appellate Division upheld a trial court ruling which found that the Boroughs of Carlstadt and East Rutherford, and the Meadowlands Commission, were not living up to their affordable housing obligations.

In response to a suit brought by NJBA, the Appellate Division of New Jersey’s courts has found that, like towns, state agencies have a constitutional obligation to take “affirmative steps to ensure adequate affordable housing” where they are responsible for planning and zoning.

In its January 2007 decision on NJBA’s challenge to third round COAH rules, the Appellate Division found the agency’s growth share approach invalid and violative of the Mt. Laurel decisions and the New Jersey Fair Housing Act.

An archived list of Opinions written by the NJBA.