Earlier this week, the New Jersey Supreme Court issued its opinion in Shipyard Associates, LP v. City of Hoboken, a case the League participated in as amicus curiae. This case deals principally with two issues related to the Municipal Land Use Law (MLUL). The first issue addressed by the Court–when does a general municipal ordinance work as a change in zoning requirements, so as to implicate the two-year protection against zoning requirement changes afforded to final approvals under N.J.S.A. 40:55D-22(a). The second issue addressed is whether or not the MLUL exempts ordinances affecting public health and safety from its bar against retroactive application of changes in zoning requirements.
The Court sided against the municipality on both issues. While the Court’s decision may not have an impact on the day-to-day operation of municipal land use functions, it could curtail the ability of municipal officials to adapt to unforeseen circumstances and adopt regulations aimed at protecting the health and safety of their residents.
For more information on this case please see the League’s recent blog post. You should review this ruling with your municipal attorney, land use attorney, and zoning and land use boards.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
