NJ Time-Of-Application Rule Doesn't Bar A Permitted Use

Law360, New York (August 5, 2016, 12:09 PM EDT) -- Katharine A. Coffey

Craig M. Gianetti

Christopher John Stracco In a case of first impression, the New Jersey Superior Court, Appellate Division, in Jai Sai Ram LLC v. The Planning/Zoning Board of the Borough of South Toms River, Docket No. A-2075-014T2, a decision issued on July 27, 2016, which has been approved for publication and will therefore be precedential, held that the time of application rule does not apply to bar a permitted use or require an applicant to refile a development application in order to avail itself of more recent and more favorable zoning. The time of application rule (N.J.S.A....

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