The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep’t of Environmental Protection.  The question presented, as phrased by the Supreme Court Clerk’s office, is “For the purposes of determining whether this development project was exempted from the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, did the municipality’s action in 2007 constitute final approval within the meaning of N.J.S.A. 40:55D-4 of the Municipal Land Use Law?”  In an unpublished opinion, a three-judge Appellate Di

The Supreme Court announced that it has granted certification in five more cases.  One of those is a land use matter.  The other four run the gamut from administrative law to criminal law to constitutional law to arbitration.

Montclair State University v. County of Passaic and City of Clifton is the land use case.  The Appellate Division’s published decision, reported at 451 N.J. Super. 523 (App. Div. 2017), was discussed here.  The

Sparroween, LLC v. Township of West Caldwell, ___ N.J. Super. ___ (App. Div. 2017).  Plaintiffs operated the Cigar Emporium in West Caldwell.  In that business, they sell tobacco products, but they also make tobacco products available to be smoked on the premises.  After plaintiffs had obtained development approvals from the municipal Planning Board, the Township’s Board of Health, acting under its power to preserve public health, adopted an ordinance that go