Related to our appellate practice, our firm specializes in representing clients in challenges to local land use decisions. In some cases, we will handle a challenge to adverse municipal land use decisions or Planning Boards or Boards of Adjustment, such as denials of site plan approval, requests for zoning amendments or applications for variances. We also defend the interests of property owners whose approvals are the subject of challenges brought by third parties.
Successfully litigating appeals of local land use decisions requires expertise in cases known as “actions in lieu of prerogative writs." Following a vote of a Planning Board, Board of Adjustment, or other local agency, the objector must file the “action in lieu of prerogative writs” in the New Jersey Superior Court, trial division. The hearing may consist of legal argument based on the record of the local agency, or may require a trial with witnesses.
We represent clients beyond the trial level, through the appellate courts, in the event an appeal is necessary.
Attorneys:
Daniel E. Horgan
E. Neal Zimmermann
Thomas J. O'Connor