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January 13, 2011

Public Notice Mistake Opens Door To Belated Planning Board Challenge

By: Henry T. Chou, Esq.

The New Jersey Supreme Court has revisited the question of whether a plaintiff is entitled to an enlargement of time beyond the 45-day period for filing a prerogative writ action where there is confusion over the date on which public notice of a land use approval is published.

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January 05, 2010

New Jersey Supreme Court to Review New Notice Requirements for Land Use Applications Imposed by Appellate Division

By: Henry T. Chou, Esq.

The New Jersey Supreme Court has agreed to consider arguments that the Appellate Division improperly imposed new, subjective notice requirements on developers applying for local land use approvals. On November 13, 2009, the Court granted the petitions for certification filed by a developer, American Properties, and the Ewing Township Planning Board, seeking to challenge the Appellate Division's decision in GF Properties v. Ewing Township Planning Board.

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November 20, 2009

New Jersey Supreme Court Agrees to Hear Arguments in Bizarre Inverse Condemnation Case

By: Henry T. Chou, Esq.

On November 10, 2009, the Supreme Court granted certification in the matter of Klumpp v. Borough of Avalon, in order to consider the issue of whether owners of beachfront property lost ownership of their land by virtue of a municipality's claim in 2005 that it acquired the property by inverse condemnation forty-three years ago in 1962.

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