The planning board or board of adjustment’s roll call vote to approve or deny a land use application at the conclusion of a hearing is not the end of the board’s decision making responsibility. The Municipal Land Use Law requires the board to set forth its findings of fact and conclusions in the form of a resolution. The resolution is typically drafted by the board’s attorney and adopted at a subsequent meeting. In the event of an appeal the … [Read more...] about Inadequate Resolution Requires Yet Another Remand
In a recent notable decision affecting the rights of litigants in employee discrimination cases, the New Jersey Superior Court, Appellate Division, ruled in Roman v. Bergen Logistics, LLC., et al., Docket No. A-5388-16T3 (August 23, 2018) that an employee cannot be barred from pursuing punitive damage claims in an arbitration proceeding, even if the employee waived her right to pursue such claims pursuant to the arbitration agreement she signed … [Read more...] about Significant New Jersey Decision Affecting the Rights of Victims of Discrimination in Arbitration
In the September 2018 decision of Matter of Giaquinto, 2018 N.Y. Slip Op. 06065 (3d Dept. 2018), the New York Appellate Division, Third Department, affirmed the granting of summary judgment in a probate contest that dismissed an objection that the decedent lacked testamentary capacity. In granting summary judgment on this objection, the Appellate Division recognized the declining cognitive abilities of the decedent but determined that the key … [Read more...] about PROBATE LITIGATION – NEW YORK APPELLATE DIVISION GRANTS SUMMARY JUDGMENT DISMISSING OBJECTION BASED ON LACK OF TESTAMENTARY CAPACITY BUT NOT WITHOUT SHARP DISSENT
On July 18, 2018, in Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, the New Jersey Supreme Court reversed the Appellate Division and held that the Motor Vehicle Commission acted improperly in suspending the licenses of eight motor vehicle dealers prior to holding hearings which had been requested by each dealer. Schiller, Pittenger & Galvin, P.C.’s Thomas Russomano argued the case for the dealers. Following an inspection … [Read more...] about Motor Vehicle Commission Must Afford In-Person Hearing Upon Request Prior to Revoking or Suspending Motor Vehicle Dealer License
Most applicants for a land use approval (subdivision, site plan or variance) have to provide formal notice to the owners of real property within 200 feet of the property that is the subject of the application. However, the list of potential objectors who can oppose the application before the board or challenge an approval afterwards is not limited to those property owners. The Municipal Land Use Law defines an “interested party” in a civil case … [Read more...] about Do Tax Sale Certificate Holders Have Standing to Challenge a Land Use Approval?
With New Jersey as probably the most developed state in the nation, all of the easy pieces of property have already been developed. Naturally the developer will want to make the most productive use of the land within the bounds of the local land use ordinance. Municipal land use ordinances are complicated, with lots of rules. It gets even tougher if the municipality can change the rules in the middle of the application process, even in direct … [Read more...] about Freezing the Rules Applicable to Your Land Use Application