Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J.  Super. ___ (App. Div. 2017).  The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development application.  Under that provision, regulations that are in effect “on the date of submission of an application for development” will apply.  But what qualifies a submission to a p

Kean Federation of Teachers v. Morell, ___ N.J. Super. ___ (App. Div. 2017).  As a public body, Kean University’s Board of Trustees is subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 to,-21 (“OPMA”).  This decision by Judge Fuentes addressed two issues under the OPMA.  The first was what is meant by the statute’s requirement, in N.J.S.A. 10:4-14, that minutes of a public body’s meetings be made “promptly available.”  T

DePolo v. Tredyffrin Tp. Bd. of Supervisors, 835 F.3d 381 (3d Cir. 2016).  Jeffrey DePolo is a ham radio enthusiast in Pennsylvania.  He applied to defendant Zoning Hearing Board of Appeals (“ZHBA”) for a variance that would allow him to place a 180-foot antenna on his property so that he could communicate with other ham radio operators.  The municipal zoning ordinance allowed only structures that were up to 35 feet tall.  The ZHBA offered to allow a 6