Bruce Ackerman Helps Secure New Jersey Supreme Court Decision Clarifying Zoning Variance Standard
Pashman Stein Walder Hayden P.C. partner Bruce J. Ackerman successfully represented the Montville Township Zoning Board of Adjustment before the New Jersey Supreme Court in Monarch Communities LLC v. Township of Montville Zoning Board of Adjustment. The decision clarified the legal standard governing use variances for inherently beneficial projects under New Jersey’s Municipal Land Use Law.
In a unanimous opinion, the Supreme Court revised the fourth step of the longstanding Sica balancing test, holding that applicants seeking variances for inherently beneficial uses must first demonstrate that the proposed development will not substantially impair the intent and purpose of the municipality’s zoning plan and zoning ordinance before a zoning board weighs the project’s public benefits against its potential detriments. The Court remanded the matter for further review under the newly articulated standard.
“This is a significant ruling, as it is the first time since the enactment of the Municipal Land Use Law’s amendment in 1997 that the Court addressed the Sica framework,” said Ackerman. “By revising the Sica test to reflect that 1997 amendment, the ruling provides important guidance to zoning boards, municipalities, developers, and land use practitioners throughout New Jersey.”
To read the full article in Law360, “NJ Justices Revamp Test For Certain Zoning Variances,” click here.
To read more about Bruce Ackerman and his work, click here.
