Governor Christie announced today that he will not re-nominate Justice Hoens to the Supreme Court once her initial seven-year term expires later this year.  Instead, he is nominating Judge Faustino J. Fernandez-Vina, who currently serves as Assignment Judge in the Superior Court, Camden County. Governor Christie attributed his decision not to re-nominate to Justice Hoens to statements of Democrats in the Senate.  He specifically identified Senator Raymond Lesniak (D-Union) as the reason why Justice Hoens would not be re-nominated.  Senator Lesniak has been quoted as saying that Senate...

Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013).  New Jersey law allows railroads and public utilities to take private property by eminent domain.  N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits takings to what “the exigencies of business may demand.”  This opinion by Justice Hoens, for a unanimous Court, addresses the meaning of those terms in the context of a taking by the plaintiff railroad. The railroad sought to expand its freight facility in Secaucus. ...

TSI East Brunswick, LLC v. East Brunswick Bd. of Adj., 215 N.J. 26 (2013).  The Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-70(d)(3), authorizes applications for conditional use variances.  A conditional use is one that is permitted by ordinance provided that the applicant meets all the conditions for that use that the ordinance prescribes.  An applicant who cannot meet all the conditions for such a use can seek a conditional use variance.  This is in contrast to a use variance, which seeks permission for a use that is otherwise forbidden in the zone.  Both use variances and...