The New Jersey Supreme Court today dismissed the appeal of the Hamilton Township Planning Board in Levin Properties, L.P. v. Hamilton Tp. Planning Board without opinion on the ground that the Court had improperly granted certification. The Planning Board had asked the Court to drastically change long-established principles of zoning law and allow it to
March 2007
Sills Cummis attorney James Hirschhorn argues critical land use case before New Jersey Supreme Court.
By Ted Zangari on
Posted in Uncategorized
Can a local planning board could disregard its own ordinances and reject a fully conforming application merely because it didn’t like the proposed project? That notion would strike a builder or land use lawyer as the very definition of “ arbitrary, capricious and unreasonable.” Yet, the Hamilton Planning Board did just that, and argued before…