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 Homeowner’s Property Line Lawsuit Against Neighbor Not Precluded By Settlement With Title Insurance Company

Homeowner’s Property Line Lawsuit Against Neighbor Not Precluded By Settlement With Title Insurance Company

  • On December 6, 2020
In a recent New Jersey case, the Appellate Division upheld a homeowner’s right to sue her neighbor, despite an insurance settlement. In Leonard v. Panitch1 Cheryl Leonard sued her neighbor Pera Panitch for encroaching over the property line and onto Leonard’s property. This dispute arose when Panitch had her stone driveway replenished and installed a […]
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10 Things to Consider Before Moving into a Community Association

10 Things to Consider Before Moving into a Community Association

  • On March 10, 2020
10 Things to Consider Before Moving into a Community Association New Jersey has an ever-growing number of condominium associations and homeowners’ associations, collectively referred to as “community associations.” Community associations are attractive to all different types of homeowners, whether it be the appeal of less lawncare or appealing amenities. Owning a home in a community […]
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U.S. Supreme Court Declines Ruling on N.J.’s Unconstitutional Church Grants Decision

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, […]
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A Neighbor Has A Right To Appeal Zoning Permit

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 […]
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Zoning Impacts on Business Expansion

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 […]
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Guidelines for Quasi-Judicial Bodies

  • 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 […]
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Conditions of Approval and Their Enforcement

  • 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 […]
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"The Interpretation of a Zoning Ordinance"

  • 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 […]
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"Sign of the Times"

  • 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 […]
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"Bringing Non-Conforming Uses Into Conformity"

  • 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 […]
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