New Jersey Supreme Court Finds That Land Use Approvals Are Not Voided By Different, Subsequent Approvals For Same Land

HNWReal Estate, Landlord/Tenant, and Zoning

Land use rules in New Jersey can be complicated and complex. Many people have visions of building or improving property, but are unsure as to what steps to take. Sure, it’s easy to hire an architect and contractor, but as you will find out, each municipality in New Jersey has ordinances pertaining to building regulations. The Planning Board and Zoning Board of your town must approve the construction as well as any variances you may need to build on your land. Unfortunately, this is the area where complications occur, as individuals looking to build are often unfamiliar with local land use regulations. Hiring an experienced Land Use and Zoning Law attorney can make all the difference in obtaining the proper approvals to build on your property.

A recent municipal land use regulation that was challenged in New Jersey related to a second approval given to a proposed development that was different from the previous development project approved on the same land.  The landowner obtained approval for one development project on his property. He then sought and was granted approval for a separate development project on the same property, but was told the second approval meant the first was no longer valid. The New Jersey Supreme Court ruled that both development project approvals were valid and that just because a second approval was given, did not mean that the original development project was void.

Planning Board and Zoning Board resolutions in New Jersey  are frequently challenged in New Jersey Courts. The Courts allow an unbiased forum for landowners to challenge the rulings of the Planning Board and Zoning Board when they feel the respective Board has not followed the law. It is important to have a knowledgeable Real Estate and Land Use Attorney by your side whether you are appearing before a Board or challenging a Board’s ruling before the Court. Call Fredrick P. Niemann, Esq., an experienced Real Estate Attorney, toll-free today at 855-376-5291 or email him at He would be more than happy to discuss your matter with you.

Previous PostNext Post