News & Publications

Supreme Court Rules That “Complete” Application Must be Filed for Time of Application Rule to Apply

On June 20, 2018, the New Jersey Supreme Court handed down its decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Township of Franklin and affirmed the Appellate Division’s holding that a “complete” application for development, as defined under the Municipal Land Use Law, must be filed in order for a developer to take advantage of the “time of application” rule. This typically means that the application form, fees, and all checklist requirements under the ordinance (for a site plan, subdivision and/or variance application) must be filed.

New Developer-Friendly Site Plan Bond Requirements Enacted

On January 15, during his last day in office, Gov. Chris Christie signed into law Assembly Bill 1425/Senate Bill 3233, which implements major reforms to the requirements for the posting of performance and maintenance guarantees under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq. The new law is effective immediately. Municipalities are now constrained from requiring performance and maintenance guarantees for private improvements in a development.

The New Federal Tax Reform and LLCs

The recently adopted federal tax reform legislation should cause owners of investment real estate to reevaluate the use of limited liability companies (LLCs) as they and other "pass through" entities may be able to take advantage of certain new tax provisions under the new legislation.

Realtors Beware of Commercial Tenant’s Right of First Refusal

In a decision published on October 26, 2017, the Appellate Division affirmed the grant of summary judgment in favor of a commercial tenant against a realtor who claimed that the tenant, who had a right of first refusal under its lease to purchase the premises, was obligated to pay the realtor's commission arising from a separate contract with another prospective purchaser of the leased premises.