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Legislature, Courts Lend a Hand
to Proponents of Economic Development, and Other News
by Thomas F. Carroll, III
No one is singing “Happy Days Are Here Again” yet.
The economy is still struggling, and the real estate
development industry in particular still faces very
challenging economic conditions.
But the New Jersey Legislature has begun to realize
that some legislative relief is required if our economy is
to recover. Those advocating pro-growth policies are
being heard more clearly in Trenton, and those displaying
knee-jerk opposition to growth are finding it more diffi cult
to carry out their agendas.
A sterling example is provided by the Permit Extension Act,
which was signed into law this past fall. That legislation explicitly
recognizes that the current state of economic affairs justifies an extension of permits and
approvals obtained for countless developments throughout New Jersey. We provide in this
issue an article summarizing that legislation, as well as an analysis of the permits and
approvals to which the legislation does, and does not, apply.
The Legislature has also been busy with other legislation designed to boost economic
development, such as a bill that would allow for the easier conversion of age-restricted
developments to those that can be marketed to families (also discussed in this issue), and
legislation granting more autonomy to licensed site professionals, thereby making permitting
more efficient. Those bills have not been signed into law as of this writing, but the
legislative trend is clearly positive. Indeed, the New Jersey Legislature and the United
States Congress have moved to provide relief to cost-burdened homeowners so that the
troubling deluge of foreclosures can be mitigated.
Our New Jersey Supreme Court has also provided some relief in the past year, particularly
with respect to a case, discussed in this issue, that invalidated a downzoning as “inverse
spot zoning.” That opinion will be most helpful in the future when resisting arbitrary
downzonings that are not supported by sound planning.
In the regulatory realm, a new day dawns at the Council on Affordable Housing, which
is now processing hundreds of “third round” fair share plans that will provide increased
densities and development opportunities. We discuss those opportunities in this issue as well.
To be sure, not all legislative and regulatory news in New Jersey for the development
industry has been good. It never is. Each passing year brings more oppressive land use
regulations that temper the positive news we can report. We nevertheless strive in this, the
ABC Special Edition of our firm’s Quarterly, to present the highlights of where matters
currently stand from a legal perspective—the good, the bad, and the ugly—so that our
readers are fully informed of the legal trends we see.
We hope you find this issue informative and useful, and we look forward to receiving
your comments and inquiries.
Thomas F. Carroll, III, is partner-incharge
of the Land Use Division of Hill
Wallack LLP and Land Use Counsel to the
New Jersey Builders Association. He also
serves on the NJBA’s Land Use and Planning
Committee and its Legislative Affairs Committee,
as well as its Affordable Housing
Task Force. A past-Chair and Member of
the Board of Directors of the New Jersey
State Bar Association’s Land Use Law
Section, he concentrates his practice in the
development application process and the
litigation required in the course of land
development.
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