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 here, the Appellate Division ruled that an application need not be “complete” in order to trigger this “time of application [TOA] rule,” but need only include all...

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Bowser v. Board of Trustees, Police and Firemens Retirement System, ___ N.J. Super. ___ (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, ___ N.J. Super. ___ (App. Div. 2018).  These two opinions, issued today by the same panel (though written by two different judges on that panel) illustrate that factual distinctions matter.  On the surface, the cases were similar: in each one, a corrections officer slipped and fell on ice in or on the way to the parking lot of his or her employer.  Each applied for accidental disability retirement benefits.  One...