Supreme Court Will Review Municipal Land Use Conflict of Interest Case

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011).  The Appellate Division’s decision is discussed here.  The question presented, as phrased by the Supreme Court Clerk’s office, is “Where plaintiff, a developer of a planned 12-story residential building, applied for zoning variances under N.J.S.A. 40:55D-70(d), for residential use and exceeding story and building height restrictions, was city council’s disapproval of the zoning board’s grant of the variances tainted by a conflict of interest created by the involvement of a city attorney who previously represented the operator of a nearby residential building that challenged plaintiff’s application; and if so, what is the appropriate remedy?”  The case has great significance for land use applications generally, since conflict of interest issues often surface, though not in the unusual way that the conflict issue appeared here.