Throughout New Jersey, disagreements over commercial property rights, structural expansions and land use variances are frequently resolved in the courtroom rather than through the administrative process. Baron & Brennan, P.A. has successfully litigated these types of planning and zoning cases for decades.
Actions in Lieu of Prerogative Writs
In New Jersey, the primary method for challenging a decision made by a Planning Board or Zoning Board of Adjustment is filing an action in lieu of prerogative writs. This proceeding allows property owners, developers, or affected neighbors to ask a Superior Court judge to review and potentially overturn the local board’s ruling.
If your zoning variance, subdivision application, or site plan was wrongfully denied or if you seek to challenge an application that was wrongfully approved, you have a 45-day appeal period from publication of the board’s decision to file a complaint. Baron & Brennan, P.A. moves swiftly to review the administrative record, identify arbitrary, capricious, or unreasonable board actions, and build arguments to reverse the board’s action.
We routinely handle appeals involving:
- Use and Bulk Variances: Challenging approvals and denials of “d” variances and “c” bulk variances involving non-permitted uses, density, setbacks, and lot coverage.
- Site Plan and Subdivision Denials: Litigating cases where boards improperly approve or deny preliminary or final site plan applications.
- Improper Conditions of Approval: Contesting unlawful or excessive conditions attached to an otherwise approved development application.
Contact Baron & Brennan, P.A. to discuss your New Jersey planning, zoning, or land use litigation matter.