New Jersey Land Use Update

Scales and Lamp USSCThere were no reported land use or zoning decisions out of the New Jersey appeals courts this week. One unreported case did hinge on a reading of the Municipal Land Use Law. In the facts leading up to CJS Investments, Inc. v. Mayor and Council of the Twp. of Robbinsville, the Council had failed to either accept or reject an engineer’s official report about the plaintiff developer’s completed roadway improvements within a 45-day period, as required by N.J.S.A. 40:55D-53e(1). An Appellate Division panel affirmed the Law Division’s ruling, which had granted the developer’s requests to be released from its performance guarantees on the work at issue and to have the Township pay its legal fees. Among other things, the panel found that the Council’s inaction did not constitute a rejection of the engineer’s report. As always, the temporary New Jersey Courts link is alive for now, but the original opinion will be archived at the Rutgers Law Library next week.