Approved final development plan not subject to ordinances that have the effect of a zoning change

Shipyard filed suit seeking automatic approval of its application under the Municipal Land Use Law (MLUL), and a trial court agreed with Shipyard that the failure of the board to hold a hearing compelled automatic approval of the plans. The court declined such a reading. Because the legislature incl...

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Bibliographic Details
Published inThe Appraisal journal Vol. 88; no. 3; pp. 154 - 155
Main Author Blair, Benjamin A
Format Journal Article
LanguageEnglish
Published Chicago The Appraisal Institute 22.06.2020
Appraisal Institute
Subjects
Housing developments
Planning
Public health
Real estate development
Shipbuilding industry
Site planning
Sports facilities
State court decisions
Tennis
Trials
Zoning ordinances
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ISSN0003-7087

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Summary:Shipyard filed suit seeking automatic approval of its application under the Municipal Land Use Law (MLUL), and a trial court agreed with Shipyard that the failure of the board to hold a hearing compelled automatic approval of the plans. The court declined such a reading. Because the legislature included public health and safety exceptions only in the sections applying to preliminary approvals, not final approvals, the court interpreted the plain language of the statute as contemplating greater protections for developers at successive stages of the approval process. Having determined that the MLUL provided the holder of a final approval with vested rights for two years against even those changes in zoning pertaining to public health and safety, the court concluded that the two-year period of protection had been tolled while the litigation progressed. [...]the court concluded that the City could not use either of the ordinances to amend the zoning requirements for Shipyard's project.
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ISSN:0003-7087