Author: Gavin Millard

Kelly M. Carey successfully represented the Montville Township Zoning Board of Adjustment and argued before the New Jersey Supreme Court in Monarch Communities LLC v. Township of Montville Zoning Board of Adjustment. The decision clarifies a decades old legal standard governing inherently beneficial use applications to Land Use Boards in New Jersey.

In a unanimous opinion, the Supreme Court revised the fourth prong of the Sica balancing test, holding that applicants seeking variances for inherently beneficial uses must first demonstrate that the proposed use will not substantially impair the intent and purpose of the municipality’s zone plan and zoning ordinance before weighing the projects public benefits against its potential detriments. As Ms. Carey argued, the Court also encouraged municipalities to document in detail their planning decisions concerning inherently beneficial uses during required master plan reviews so that zoning boards have that record to support their decisions in variance applications.

“The ruling changes the way every application for an inherently beneficial use variance must be presented by finally incorporating the 1997 Municipal Land Use Law Amendment into the Sica analysis. The decision also provides important guidance to municipalities on how to bolster long term planning goals within their borders,” said Carey.

At their annual meeting, the New Jersey Institute of Local Government Attorneys (NJILGA) elected Partner, Steve Warner as a Trustee. He will be part of the team to help continue the fine work this dedicated group of attorneys does, on a volunteer basis, for the benefit of all New Jersey municipalities and their residents. Congratulations Steve!

The Firm congratulates Partner Steven Warner, Esq. on achieving the designation of Diplomate in New Jersey Local Government Law from Rutgers University’s Center for Government Services and the New Jersey Institute of Local Government Attorneys. The designation demonstrates advanced proficiency in various areas of local government law in New Jersey. Mr. Warner represents several municipalities, as well as more than a dozen municipal land use boards, throughout Central New Jersey, and he has served as the Chair of the NJ State Bar Association’s Land Use Law Section, the President of the Somerset County Bar Association, he is the current Somerset County Professional Lawyer of the Year, and he has been selected as a New Jersey SuperLawyer in Zoning and Land Use Law every year since 2011.

Partner Steve Warner was awarded the Professional Lawyer of the Year for Somerset County at an awards ceremony on June 11. We are proud of this high honor for our colleague!

John J. DeLuca, Jr. recently joined Savo Schalk as a Senior Associate and is a member of the New Jersey State Bar.

Click the link below to learn more!

John J. DeLuca, Jr.