Category Archives: Zoning

NJ AG intervenes in Leonia Street Closure Action

Back February, an attorney filed suit against the Borough of Leonia over their scheme to close down roads to non-residents in an effort to avoid congestion during morning and evening rush hours.

It appears that last week, the NJ Attorney General has now also thrown his hat into the case, by filing a complaint for a declaratory judgment and for an action in lieu of prerogative writs.  The complaint appears in full below. Continue reading

Would it be different without RLUIPA?

I’ve written a fair deal about what’s been happening in the Bergen County Eruv Litigation this past year.  I have advocated for municipalities such as Mahwah, USR & Motvale to create appropriate zoning rules that are generally applicable and enforced across the board.  In response, one of the common arguments I hear is that RLUIPA makes it impossible for a town to limit zoning and therefore they move to other measures to limit groups deemed undesirable in a particular area because they prefer different living conditions (e.g. higher density development).

Whether it’s a Church, Synagogue or Mosque — there’s an argument I often see invoked that tax exempt status harms communities when the rest of the town must make up or the loss of tax revenue for the new 501(c)(3) on the block.

Sadly, most people don’t understand how the NJ code handles such types of zoning applications or the pre-RLUIPA landscape that existed in New Jersey for “beneficial uses”. Continue reading