Real Estate Law | Respond Law

U.S. Supreme Court Declines Ruling on N.J.’s Unconstitutional Church Grants Decision

On March 5, 2019

New Jersey’s Supreme Court Decision Stands, Holding That Historic Preservation Grants Cannot Be Used For Churches The U.S. Supreme Court has declined review of the New Jersey Supreme Court’s unanimous ruling that historic preservation grants cannot be used for churches. In April 2018, the State’s highest court ended a nearly four-year battle in Morris County, […]

A Neighbor Has A Right To Appeal Zoning Permit

On November 12, 2018

Zoning Permits And An Applicants Right To Relief In most New Jersey municipalities a zoning permit is required before a building permit may issue. It is the responsibility of our zoning officers to determine if the proposed construction conforms to the zoning ordinance. If it does, a permit is issued and the applicant proceeds to the building […]

Zoning Impacts on Business Expansion

On May 1, 2018

An often-overlooked aspect of running a business is the impact local zoning may have on the business’s expansion. Businesses routinely run afoul of local zoning laws and don’t find out until well after the expense of expansion has occurred, and when a competitor complains to the local code official. Expanded seating In many towns, the […]

On February 7, 2018

By Dennis Galvin, Esq. and Jonathan E. Drill, Esq. Planning Boards when hearing a development application and/or when conducting a hearing on a master plan adoption or amendment are acting in a “quasi-judicial” capacity. (While the master plan itself is a legislative document, the hearing on adoption or amendment of the master plan is subject […]

On February 6, 2018

By Dennis M. Galvin, Esq. Over the years, I have been frequently asked about a Zoning Officer’s ability and obligation to enforce conditions of approval. In every request for a variance, a developer or its team will invariably make promises or representations in order to secure an approval. It is incumbent on the Board to […]

On February 2, 2018

By Dennis M. Galvin Published in Local Government Law Review, July, 2014. Zoning boards of adjustment are independent, quasi-judicial bodies.[i] Their jurisdiction springs from N.J.S.A. 40:55D-70. Almost everything a zoning board of adjustment does is judicial in nature. Among its quasi-judicial duties is N.J.S.A. 40:55D-70(b), which grants zoning boards of adjustment the power to “[h]ear and […]

On February 2, 2018

By Dennis M. Galvin, Esq. Published in The New Jersey Planner, September/October, 2013 Digital signs are becoming the rage. They come in many varieties. Some scroll a single color; some have multiple colors, but limited definition; and some of the newest are like beautiful, big screen TV’s. The major concerns regarding this new technology have […]

On February 2, 2018

By Dennis M. Galvin, Esq. Published in the New Jersey Planner, November/December 2012 A non-conforming use is a use that was lawful prior to an amendment of a zoning ordinance. A preexisting non-conforming use may continue indefinitely unless it is terminated, abandoned or substantially destroyed. Notwithstanding this entitlement to continued existence, non-conforming uses “are disfavored […]

On February 2, 2018

By Dennis M. Galvin, Esq. Published in The New Jersey Planner, May/June 2012 This article seeks to explain the roles of the Zoning Board of Adjustment and the Municipal Zoning Officer, and the limits of their authority. It is essential that each respects the diligent efforts of the other. THE ZONING BOARD OF ADJUSTMENT The […]

On February 2, 2018

By Dennis M. Galvin Published in Local Government Law Review, August, 2011 The Federal and State Courts have recently rendered some interesting and instructive cases in the area of “Adult Entertainment.” This article will review these cases and suggest a procedure for managing adult entertainment uses in your community. In the unreported Federal case of […]

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U.S. Supreme Court Declines Ruling on N.J.’s Unconstitutional Church Grants Decision

A Neighbor Has A Right To Appeal Zoning Permit

Zoning Impacts on Business Expansion

Guidelines for Quasi-Judicial Bodies

Conditions of Approval and Their Enforcement

"The Interpretation of a Zoning Ordinance"

"Sign of the Times"

"Bringing Non-Conforming Uses Into Conformity"

"Roles of the Zoning Board of Adjustment & the Zoning Officer"

"It's Time to Have X-Rated Vision"