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Supreme Court Issues Decision in Dunbar Case

By NJSBA Staff posted 06-29-2018 11:39 AM

  

The New Jersey Supreme Court upheld an appeals court decision in a case where the NJSBA was an amicus party.

The case, Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township, asked a question about applications. The central issue was: When is a submission to the planning board considered an “application for development” that triggers the “time of application rule,” which states that the regulations in effect on the date of submission of an application for development govern the review of that application?

The Court did not adopt the NJSBA's reasoning in its opinion. The association has an active amicus program and submits briefs on around a dozen cases each year in the state and federal appeals courts,

Read the Court's opinion: https://www.judiciary.state.nj.us/attorneys/assets/opinions/supreme/a_89_16.pdf?cacheID=Xz2wlGw

Read the NJSBA brief: 
https://tcms.njsba.com/personifyebusiness/Portals/0/NJSBA-PDF/Amicus%20cases/DunbarNJSBA%20Brief.pdf

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