BLOG: Court Decisions
Harrison Township Amendment to Redevelopment Plan Affirmed on Appeal
In an unpublished per curiam opinion, the Appellate Division affirmed dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. Mullica Hills Supermarkets, LLC v. Harrison. The background followed the familiar redevelopment path. An area was designated “in need of redevelopment” in 2008, and a redevelopment plan was adopted contemporaneous... Read More
Hoboken Property Owner's Inverse Condemnation Claim Fails
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More
Supreme Court Fails to "c" Property Owner’s Argument on Variance
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval. The issue... Read More
