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, 452 N.J. Super. 329 (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

Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017).  The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a particular municipality in the hands of a Planning Board and/or a Zoning Board of Adjustment.  There can also be a role for a County Planning Board.  But some property owners are not subject to the oversight of those municipal agencies.  In Rutgers v. Pilus