NJ Specific

Real Estate

New Jersey Land Use and Zoning From Start to Finish

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Anthony DellaPelle
William Michelson
Justin Calta
Emanuel Sanfilippo
Aileen Brennan
Robert Simon
With Anthony F. DellaPelle from McKirdy, Riskin, Olson & DellaPelle, P.C. + 5 others
Recorded August 06, 2024
Product ID 98603

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Overview

A Practical Guide to Land Use and Zoning Approvals and Issues

Zoning and land use cases are diverse and numerous, and often completely unique to specific circumstances. This comprehensive online seminar will give you working knowledge of the regulatory framework and practical tips for approval processes. Speed up the progress and reach successful resolution to any issue that arises. Don't miss this chance to take your land use and zoning knowledge to the next level - register today!

  • Confidently determine which authority is the decision-maker on each unique matter.
  • Explore constitutional limitations on government zoning actions.
  • Walk through the approval processes and get practical tips from experienced practitioners on ensuring compliance and speeding up the process.
  • Master the essential steps of obtaining and retaining conditional use permits.
  • Follow the zoning appeals process step-by-step and get specific advice for top zoning issues.
  • Guard your professional reputation with a legal ethics guide tailored to your practice.
  • Learn how short-term rentals are challenging long-standing zoning regulations and practices.

Abbreviated Agenda

  1. Land Use and Zoning Fundamentals, Case Law, and Legal Update
  2. Navigating the Land Use Approval Process
  3. Challenging/Defending the Constitutionality of Zoning and Land Use Actions
  4. Variances and Conditional Use Permits: Proving/Disproving Unique Conditions
  5. Appealing Zoning Decisions: Local, Regional, and State Considerations
  6. Short-Term Rentals: Navigating Uncharted Waters of Airbnb and Vrbo Zoning and Land Use Issues
  7. Ethics in Zoning and Land Use Law
Product ID 98603

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Land Use and Zoning Fundamentals, Case Law, and Legal Update

    1. Land Use vs. Zoning
    2. How the Approval Process Works: A Brief Overview
    3. The Scope of Zoning Board Authority
    4. Vested Rights, Estoppel, and Moratoria
    5. Regulatory Framework: State Building Code, Comprehensive Plans, Local Ordinances, and More
    6. Historic Preservation Zoning
  2. Navigating the Land Use Approval Process

    1. Determining Where the Decision Authority Lies
    2. Aligning with Comprehensive Plans, Subdivision Regulations, etc.
    3. The Application: Complete Checklist of Information to Include
    4. The Permitting Process Walkthrough
    5. Following the Environmental Review Process
    6. Open Meeting Laws and Practical Tips
  3. Challenging/Defending the Constitutionality of Zoning and Land Use Actions

    1. Takings Without Just Compensation
    2. Due Process Challenges
    3. Equal Protection Challenges
    4. Property Rights and Limitations on Police Power
  4. Variances and Conditional Use Permits: Proving/Disproving Unique Conditions

    1. Complying with Requirements: Use vs. Area Variances
    2. Unique Circumstances or Conditions: Providing Supporting Evidence
    3. Disproving Detriments to Neighbors, the Public, etc.
    4. Navigating Conditional Use Review Process
    5. Proving/Disproving Conditions are Unreasonable
    6. Preventing and Addressing Conditional Use Violations
  5. Appealing Zoning Decisions: Local, Regional, and State Considerations

    1. The Appeals Process Step-by-Step
    2. Obtaining Judicial Review of a Local Decision
    3. Using Litigation to Resolve a Zoning Case
    4. Specific Tips for Resolving Top Zoning Issues
  6. Short-Term Rentals: Navigating Uncharted Waters of Airbnb and Vrbo Zoning and Land Use Issues

    1. When are Short-Term Rentals Commercial Properties?
    2. Short-Term Rental Ordinances: What Works, What Doesn't, and What Leads to Lawsuits
    3. Enforcing Short-Term Rental Laws and Violations: Top Issues and Challenges
    4. Challenging Local Short-Term Rental Laws: Key Lessons From the Front Lines
    5. Apartments and Short-Term Rentals: Critical Landlord and Tenant Concerns
    6. The Short-Term Rental Industry: Current Issues and Legal Updates
  7. Ethics in Zoning and Land Use Law

    1. Ethical Issues Unique to the Planning and Zoning Arena
    2. Adhering to the Rules of Professional Conduct and Avoiding Legal Malpractice
    3. Identifying and Preventing Conflicts of Interest
    4. Ex Parte Contacts with Decision Makers

Who Should Attend

This basic-to-intermediate level online seminar is designed for:

  • Attorneys
  • Local Zoning and Land Use Professionals
  • Developers and Contractors
  • City Planners
  • Civil Engineers
  • Architects
  • Real Estate Brokers/Agents
  • Paralegals

Speakers

Anthony F DellaPelle
Anthony F.
DellaPelle
McKirdy, Riskin, Olson & DellaPelle, P.C.
William H Michelson
William H.
Michelson
William H. Michelson, Attorney at Law
Justin Calta
Justin
Calta
Saiber LLC
Emanuel Sanfilippo III
Emanuel
Sanfilippo, III
Nehmad Davis & Goldstein, PC
Aileen Brennan
Aileen
Brennan
Hill Wallack LLP
Robert F Simon
Robert F.
Simon
Herold Law, P.A.
Speaker bio
Anthony F DellaPelle

Anthony F. DellaPelle

McKirdy, Riskin, Olson & DellaPelle, P.C.
Anthony DellaPelle

is an attorney with the firm McKirdy, Riskin, Olson & DellaPelle, P.C. He practices exclusively in the area of eminent domain, condemnation, redevelopment law, and real estate tax appeals. Mr. DellaPelle is serving as the 2024 global chair of the Counselors of Real Estate, an international group of real estate professionals recognized as leading advisors in complex real property matters. He is co-author of New Jersey Condemnation Practice, the standard New Jersey treatise on eminent domain. He is the sole New Jersey representative for Owners’ Counsel of America, a national association of leading eminent domain lawyers across the country. Mr. DellaPelle is one of only approximately 2% of all licensed attorneys in the state of New Jersey who are board-certified civil trial attorneys by the Supreme Court of New Jersey. He earned his B.A. degree from Franklin & Marshall College and his J.D. degree from Seton Hall University School of Law. Mr. DellaPelle is admitted to practice in New Jersey, U.S. District Court for the District of New Jersey, and U.S. District Court for the Southern and Eastern districts of New York.

Speaker bio
William H Michelson

William H. Michelson

William H. Michelson, Attorney at Law
William Michelson

is an attorney and urban planner based in Plainfield, New Jersey. He has a general civil trial and business practice, with an emphasis in legal malpractice litigation and ethics, including expert witness work, as well as land use law and litigation, real estate law, election and political matters, mediation, and arbitration. Mr. Michelson ran for the New Jersey State Senate in 2021 and 2023. As an urban planner, he specializes in historic preservation, having served on the Plainfield Historic Preservation Commission, including eight years as chairman, and before that on its Planning Board for nearly 30 years. Mr. Michelson earned his B.A. degree from Rutgers University and his J.D. and M.A. degrees in urban and regional planning from the University of Iowa.

Speaker bio
Justin Calta

Justin Calta

Saiber LLC
Justin Calta

is counsel with the firm Saiber LLC. His practice focuses on the representation of businesses and individuals in real estate and corporate transactions, with a particular emphasis on zoning, land use and re-development; commercial leasing; mergers and acquisitions; and general corporate law and business counseling. Mr. Calta earned his B.A. degree from Antioch College and his J.D. degree from Rutgers School of Law. He is a member of the Metropolitan Builders and Contractors Association of New Jersey, and the National Association for Industrial and Office Parks (NAIOP). Mr. Calta is admitted to practice in New Jersey.

Speaker bio
Emanuel Sanfilippo III

Emanuel Sanfilippo, III

Nehmad Davis & Goldstein, PC
Emanuel Sanfilippo

is an attorney with Nehmad Davis & Goldstein, PC. He focuses his practice in the areas of land use, real estate, commercial transactions, and local government. Prior to joining Nehmad Davis & Goldstein, Mr. Sanfilippo clerked for the Hon. Michael J. Blee, A.J.S.C., where he worked predominantly with matters involving land use, probate, and underage gambling. He also worked with the Hon. M. Susan Sheppard, P.J.Ch. on a variety of chancery matters; the Hon. Pamela D'Arcy, J.S.C. on postconviction relief motions; and with the Hon. Joseph E. Kane, J.S.C., ret'd, on recall, on small claims and landlord tenant disputes. Mr. Sanfilippo earned his B.S. degree from Seton Hall University and his J.D. degree from Widener University, Delaware School of Law. He is a member of the Atlantic County Bar Association, New Jersey State Bar Association, National Italian American Bar Association and Vincent S. Haneman American Inn of Court. Mr. Sanfilippo is admitted to practice in New Jersey and Pennsylvania.

Speaker bio
Aileen Brennan

Aileen Brennan

Hill Wallack LLP
Aileen Brennan

is an attorney with Hill Wallack LLP. She concentrates her practice in redevelopment, land use, eminent domain, and airport-related issues. Ms. Brennan has extensive experience as both a transactional attorney and as a litigator. She earned her B.A. degree from Boston College and her J.D. degree from Seton Hall University School of Law. Ms. Brennan is a member of the Essex County Bar Association, chair of the Land Use and Redevelopment Committee, and member of the Mercer County Bar Association. She is admitted to practice in New Jersey, New York, and the Eastern District of New York.

Speaker bio
Robert F Simon

Robert F. Simon

Herold Law, P.A.
Robert Simon

is an attorney with Herold Law, P.A. His practice includes land use regulation before local zoning and planning boards; real estate-related litigation, including land use, tenancy, tax appeal, condemnation, and title actions; and commercial and residential real estate transactions. Mr. Simon earned his B.A. degree from The Johns Hopkins University, Baltimore, Maryland; and his J.D. degree from Yeshiva University, Benjamin N. Cardozo School of Law, New York, New York, where he served as a member of the Editorial Board of the New Europe Law Review. He is currently a member of the Board of Directors of the Land Use Section of the New Jersey State Bar Association; board attorney for the Township of Tewksbury Land Use Board; special land use counsel for the Borough of Wallington as to affordable housing litigation; and board attorney for the Township of Millburn Board of Adjustment. Mr. Simon has also been qualified as an expert witness in real estate litigation matters by the Superior Court and District Court of New Jersey. He has previously served as district chair for the Office of Attorney Ethics, District XIII Fee Arbitration Committee; panel chair, District V-B Fee Arbitration Committee; and chairman of the Borough of Peapack-Gladstone Land Use Board. Mr. Simon has participated as a panelist at land use seminars sponsored by ICLE and Lorman Education Services. He has been admitted to practice law in New Jersey and New York, including U.S. District Court (District of New Jersey; Southern and Eastern districts of New York), and U.S. Court of Appeals (Second and Third circuits).

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