On December 15, 1952, the Supreme Court decided Ward v. Scott, 11 N.J. 117 (1952). Though the municipal law applicable at the time that case was decided has largely been superseded by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., Ward has been cited nearly 200 times, according to a Lexis search, including as recently as 2020. The case arose out of a use variance sought for construction of a commercial building with off-street parking. Under the Zoning Act, the statutory scheme in force at that time, R.S. 40:55-39(d), such variance requests came before the Board of Adjustment. But...

Crispino v. Sparta Tp., ___ N.J. ___ (2020). By statute, the Legislature has delegated to municipalities the power to impose special assessments on property owners to fund improvements that benefit those properties. But such assessments, and the methodology to impose and apportion them, must be “in proportion to and not in excess of the benefits conferred.” N.J.S.A. 58:4-12(d)(1). Sparta Township imposed a special assessment on 58 properties in order to recoup monies that the Township had spent to rehabilitate a dam owned by Glen Beach Lake Club, Inc. The owners of all 58...

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. Super. ___ (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison Board of Education (BOE”), which had filed an action in lieu of prerogative writ to challenge development approvals granted by the defendant Board of Adjustment, lacked standing to do so. The Appellate Division also rebuffed a BOE argument under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (“OPMA”), affirming the Law Division on that issue, too (though on different grounds). Both issues implicated de novo...