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

  • 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 […]
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"It's Time to Have X-Rated Vision"

  • 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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"Board Members Have Immunity – Absolutely!"

  • On February 2, 2018
By Dennis M. Galvin The New Jersey Planner, July/August 2010 It is important for you, as board members, to remember that emotions run high for and against all controversial actions. Sometimes, when a developer or objector disagrees with your ruling, they might try suing individual board members, and not just the board. It must be […]
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"It Takes Courage to Deny an Inherently Beneficial Use, and Wisdom to be Affirmed"

  • On February 2, 2018
By Dennis Galvin, Esq. Published as a Special Feature in the NJ Planner, July/August 2007 Zoning Boards of Adjustment are routinely asked to grant use variances for what are commonly referred to as, inherently beneficial uses.[1]  As a legal term of art, inherently beneficial uses represent a class of uses that are so beneficial to […]
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"Despite Court Opinion, Board Members, Should Disclose Reasons for Vote"

  • On February 2, 2018
By Dennis M. Galvin, Esq. Printed in the Summer 2004 edition of the New Jersey Planning Officials’ publication, The New Jersey Planner Every experienced Board member of a Planning Board or a Zoning Board of Adjustment, knows the importance of putting their comments in support of their decision on the record. To be fair, there […]
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"Radio Towers Are Not Necessarily Beneficial"

  • On February 2, 2018
By: Dennis M. Galvin, Esq. Published in New Jersey Municipalities, March, 1997 Many municipalities throughout New Jersey have witnessed an increase in the number of applications before their zoning and planning boards seeking approval of radio transmission towers. As mobile communications have expanded to serve ever increasing numbers, the need for radio towers has also […]
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The New Elections Law – What Condo Associations Need to Know

The New Elections Law – What Condo Associations Need to Know

  • On October 6, 2017
On July 13, 2017, Governor Christie signed into law new legislation that was initiated as a direct response to the New Jersey Appellate Division’s decision in Moore v. Radburn Ass’n, Inc.  The new law is designed to make community association elections, including condominium associations, decidedly more democratic. In Radburn, it had been determined that a […]
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Just Where is this “North” Place Anyway? Understanding Deed Directional Descriptions

Just Where is this “North” Place Anyway? Understanding Deed Directional Descriptions

  • On July 18, 2016
Deeds often contain directional descriptions. The deed might say that one boundary line of the property runs “north 57 degrees 5 minutes west 100 feet”. That means that the particular boundary line of the property is 100 feet long and it goes in a north-westerly direction by the degrees so described.  If you check the […]
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When Do Condos and HOAs Have to Provide Alternative Dispute Resolution?

When Do Condos and HOAs Have to Provide Alternative Dispute Resolution?

  • On December 10, 2015
An unhappy unit owner has contacted the community association’s board or property manager and demanded alternative dispute resolution (“ADR”). Does the association have to provide ADR? What is the format for ADR? Who pays for it? Is the decision binding or can it be appealed? Does the association need a specific ADR policy? These are […]
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