NJ Case Protects Land Use Applicants From Sham Litigation

Law360, New York (August 7, 2017, 11:07 AM EDT) -- When individuals and corporations sue to challenge a proposed real estate development, are they exercising their right to petition the government for redress or engaging in sham litigation to prevent competition? It has been a frustration of commercial developers and retailers for some time — they get tied up in court defending land use approvals for years when the objector is really a commercial competitor seeking a competitive advantage. Sometimes success is not even the goal of the objector; delay in and of itself is a “victory.” Historically, commercial developers and retailers chose not to return the favor and sue the...

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