Spill Act Claim Subject To Statute Of Limitations

The Appellate Division of the New Jersey Superior Court has decided that private claims for contribution pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are subject to a statute of limitations.  In the case of Morristown Associates v. Grant Oil Company, the plaintiff argued that because the Spill Act states that […]

Doing The “One–Two” At NJDEP

Coastal private land owners’ (and local government units’) burden of restoring waterfront improvements damaged by Super Storm Sandy have been lightened by relief inspired by Governor Christie in the form of emergent permit by rule adoptions by NJ DEP http://www.nj.gov/dep/landuse/sandy.html.  The emergent relief was adopted to expedite the restoration of $Billions of damaged property throughout […]

The Appellate Division Reconfirms The Process For A Municipality To Voluntarily Conform To A Highlands Region Planning Area

On August 7, 2013, the Appellate Division recently addressed when a municipality must comply with the regulatory framework of the Highlands Water Protection and Planning Act (“Act”) N.J.S.A. 13:20-1 to -35, when it elects to join the Highlands Region planning areas and the interplay in the municipality amending their land use ordinance in In re […]

Governor Signs Automatic Variance Bill For Sandy Rebuilding

Governor Chris Christie has signed the so-called “Automatic Variance” law to make it easier to raise buildings to the new FEMA base elevations.  The law applies to the rebuilding of a structure destroyed or damaged by Superstorm Sandy, as well as to existing structures that survived Sandy.  Effective immediately a structure of the same vertical […]