Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J. ___ (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of submission of [the] application for development.” In Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017), discussed
The Supreme Court announced that it has granted review in two more cases. The first is O’Donnell v. New Jersey Turnpike Authority. The question presented in that appeal, as phrased by the Supreme Court Clerk’s office, is “Was the failure of plaintiffs’ first attorney to serve a timely tort claim notice against defendant an extraordinary circumstance justifying plaintiffs’ late tort claim notice under N.J.S.A. 59:8-9?” The Law Division found extraordinary circumstances and denied defendant’s motion to dismiss, but a two-judge Appellate
The Supreme Court Grants Review of an Environmental Land Use Case
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 In an unpublished opinion, a three-judge Appellate Di
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