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The owner of a 206-acre parcel of land in Branchburg Township who challenged a zoning ordinance which greatly reduced the potential number of houses that could be built on the property received a mixed decision on the municipality’s appeal. In Merck Sharp & Dohme Corp. v. Township of Branchburg (App. Div. Dec. 13, 2018), the Appellate Division affirmed the trial court’s ruling that under the facts of the case the plaintiff did not have to … [Read more...] about Large Land Owner Need Not Seek a Variance Before Challenging Downzoning, but Trial Court Applied Wrong Standard in Invalidating Ordinance

On November 28, 2018, Schiller, Pittenger & Galvin, P.C., attorney John DeMassi served as one of three panelists in a continuing legal education seminar sponsored by the Union County Bar Association entitled ”Marijuana and Its Future in New Jersey” two days after a joint legislative committee recommended adoption of S2703 which would legalize, tax, and regulate recreational marijuana for people over the age of 21. The bill legalizes the … [Read more...] about John DeMassi Participates in Panel Discussion Regarding Potential Marijuana Legalization

On November 27, 2018, Ted Schiller, Esq., and Perry Pittenger, Esq., were among lawyers and other professionals making presentations at the New Jersey Coalition of Automotive Retailers (NJ CAR)’s Legal Workshop. Perry Pittenger was paired with the acting director of New Jersey’s Division of Consumer Affairs to discuss NJ CAR’s proposal to amend and modernize the Motor Vehicle Advertising Regulations and to provide an update on efforts to focus … [Read more...] about Ted Schiller and Perry Pittenger Make Presentations at NJ CAR Academy

On November 13, 2018, by way of published opinion in Flanzman v. Jenny Craig, Inc. the Appellate Division reversed a Law Division order that had compelled arbitration of the dispute. The arbitration agreement did not designate the forum for the arbitration and the appellate court held that this failure resulted in the lack of a “meeting of the minds” and therefore the arbitration provision could not be enforced. Public policy supports … [Read more...] about Arbitration Clause That Does Not Specify Forum for Arbitration Ruled Unenforceable

Schiller, Pittenger & Galvin, P.C.’s Robert Woodruff recently represented a former vice principal in the Elizabeth School District in a claim for constructive termination due to the board of education’s violation of his civil rights, in particular, interfering with his role as an elected union president. A two-week trial in Union County resulted in a jury verdict awarding the client $600,000. Pre-judgment interest will bring the total … [Read more...] about $600,000 Verdict in Former Vice Principal’s Civil Rights Claim for Constructive Termination

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