- STATE OF NEW JERSEY VS. WARREN STEPHENSON (18-11-1168, PASSAIC COUNTY AND STATEWIDE) A-0090-21 Appellate July 13, 2023
- MARTHA GODOY, ETC. VS. KENNETH WASHINGTON, ET AL. (L-3659-19, ESSEX COUNTY AND STATEWIDE) A-1467-21 Appellate July 13, 2023
- HOPE MOSER VS. THE STREAMWOOD COMPANY, ET AL. (L-1342-21, CAMDEN COUNTY AND STATEWIDE) A-1703-21 Appellate July 13, 2023
- THE LAW OFFICE OF RAJEH A. SAADEH, LLC VS. MARIAMA BAH (L-0138-22, SOMERSET COUNTY AND STATEWIDE) A-2256-21 Appellate July 13, 2023
- STATE OF NEW JERSEY VS. KEVIN ROBERTS (14-09-2285, ESSEX COUNTY AND STATEWIDE) A-2430-21 Appellate July 13, 2023
- K.A.B. VS. L.M.B. (FV-14-0678-22, MORRIS COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2679-21 Appellate July 13, 2023
- JAMES NEVE VS. SHARON LIVINGSTONE (FM-14-1364-06, MORRIS COUNTY AND STATAEWIDE) A-2996-21 Appellate July 13, 2023
- WEST COAST SERVICING, INC. VS. CHARLES IKEME, ET AL. (F-007542-19, ESSEX COUNTY AND STATEWIDE) A-3743-21 Appellate July 13, 2023
- CHRISTA PETTINATO VS. DAVID A. PIPITONE, ET AL. (L-3109-18, OCEAN COUNTY AND STATEWIDE) A-0011-22 Appellate July 13, 2023
- PHH MORTGAGE CORPORATION VS. ABIODUN O. OKUBANJO, ET AL. (F-032105-10, ESSEX COUNTY AND STATEWIDE) A-0546-22 Appellate July 13, 2023
- STATE OF NEW JERSEY VS. ROBERT DOMINGO (16-10-1692 AND 16-10-1694, MIDDLESEX COUNTY AND STATEWIDE) A-2809-19 Appellate July 14, 2023
- JOSEPH BERARDO VS. CITY OF JERSEY CITY, ET AL. (L-0324-21, HUDSON COUNTY AND STATEWIDE) A-1342-21 Appellate July 14, 2023 Summary A-1342-21 Defendant City of Jersey City's (City) Code of Ordinances Section 105 permits any individual to request a "determination of significance" from the City's Historic Preservation Officer (HPO) regarding whether a subject building warrants preservation. Consistent with local ordinances, plaintiff, who owns a circa-1900 building in Jersey City, sought a determination of significance before applying for a demolition permit. The City's HPO concluded plaintiff's building likely would not be approved for demolition due to its historic, architectural, and cultural significance. Pursuant to local zoning ordinance, plaintiff appealed to defendant Zoning Board of Adjustment (ZBA), which upheld the determination of significance. Thereafter, he filed a complaint in lieu of prerogative writs in the Law Division alleging defendants' actions were arbitrary, capricious, and unreasonable. The Law Division found the ZBA's decision was not arbitrary, capricious, or unreasonable and dismissed the complaint. The court concludes the HPO's issuance of a determination of significance — an advisory opinion seemingly intended to prevent plaintiff's submission of an application for a demolition permit — is not a procedure authorized by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. The MLUL does not authorize HPOs to unilaterally grant or deny historic preservation designations that bind a zoning officer in determining whether a demolition permit shall issue; that advisory function belongs solely to the Historic Preservation Commission, as detailed in the MLUL, and cannot be delegated to other entities or individuals. The Commission, in turn, may designate a site as historic only if it is voted upon by a majority of the full governing body. The court reverses and remands to allow plaintiff to apply for a demolition permit in accordance with the MLUL. The court also concludes Jersey City's Code of Ordinances Sections 105-3, 105-4, and 105-7 are ultra vires and inconsistent with the objectives and procedures concerning historic preservation mandated by the MLUL to the extent they delegate powers reserved for a municipality's historic preservation commission to the HPS. Close
- WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC. VS. SIMON ZAROUR, ET AL. (F-013336-15, BERGEN COUNTY AND STATEWIDE) A-1386-21 Appellate July 14, 2023
- DCPP VS. J.D., IN THE MATTER OF THE GUARDIANSHIP OF C.M.M.L. (FG-12-0042-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1953-21 Appellate July 14, 2023
- MARZENA JANISZEWSKI, ETC. VS. NICHOLAS P. SCUTARI, ESQ., ET AL., (L-3024-21, UNION COUNTY AND STATEWIDE) A-2137-21 Appellate July 14, 2023
- MICHAEL ELLIOT ADJMI, ET AL. VS. NATIONAL PAYMENT SYSTEMS, INC. (L-2126-06, BERGEN COUNTY AND STATEWIDE) A-2999-21 Appellate July 14, 2023
- DCPP VS. J.J., IN THE MATTER OF THE GUARDIANSHIP OF J.K.J. AND E.R.J. (FG-04-0135-21, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3424-21 Appellate July 14, 2023
- MORONA S. CONSTRUCTION, LLC VS. THE DIAMOND AGENCY, LLC, ET AL. (L-1913-21, UNION COUNTY AND STATEWIDE) A-3918-21 Appellate July 14, 2023
- IN THE MATTER OF KAREN SALES, ET AL. (NEW JERSEY CIVIL SERVICE COMMISSION) A-2838-20 Appellate July 17, 2023
- STATE OF NEW JERSEY VS. STANLEY CLAIBORNE, JR (19-12-1876, 19-12-1881 MIDDLESEX COUNTY AND STATEWIDE) A-3277-20 Appellate July 17, 2023