NJ Specific

Real Estate

Land Use and Zoning in New Jersey: From Application to Appeal

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 52 minutes
Sean McGowan
Rosemary Stone-Dougherty
Keith Loughlin
Allyson Kasetta
With Sean R. McGowan from Greenbaum, Rowe, Smith & Davis LLP + 3 others
Recorded December 13, 2024
Product ID 99267

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Overview

Walk Step by Step Through the Process With Insights From Seasoned Attorneys

Your client wants to develop property. How do you confirm their ability to do so? How do you get the government's go-ahead, and what do you do if the application is denied? This start-to-finish land use and zoning online seminar will teach you the basic laws before digging into the approval and appeals process. Construct a foundation for a successful practice - register today!

  • Review federal, state, and local laws and regulations that govern land development.
  • Learn how to request variances, conditional use permits, and other authorizations.
  • Navigate procedural and technical requirements for subdividing land.
  • Gain practical insights on presenting the application at a public meeting or hearing.
  • Anticipate when local government decisions or actions are ripe for a constitutional challenge.
  • Follow proper steps during appeals and give your client's case the best chance of success.

Abbreviated Agenda

  1. New Jersey Land Use and Zoning Basics
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More
  3. Navigating the Subdivision Process
  4. Meetings, Hearings, and Dealing With Objectors
  5. Constitutional Issues and Case Law
  6. Challenging or Appealing a Land Use Decision
  7. Hot-Button Land Use Issues and Case Law
  8. Legal Ethics Issues for Land Use Attorneys

Related Topics

Product ID 99267

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. New Jersey Land Use and Zoning Basics

    1. Land Use and Zoning 101
    2. Sources of Authority for Land Use Decisions
    3. State and Local Laws and Ordinances
    4. Planning Boards
    5. The Comprehensive Plan
    6. Impact Fees and Exactions
    7. Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
    8. Environmental Laws Affecting Land Use

  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More

    1. Pre-Application Issues
    2. Site Plan Applications
    3. Ordinance Amendments and Rezoning
    4. Variances
    5. Conditional/Special Use Permits
    6. Planning and Environmental Reviews - What to Expect
    7. Documenting as if You're Preparing for an Appeal

  3. Navigating the Subdivision Process

    1. Subdivision Regulations
    2. Due Diligence
    3. The Application and Approval Process
    4. Inspections, Dedications, and Vacations
    5. Fulfilling Conditions
    6. Working With Surveyors and Engineers
    7. Plat and Documentation for New Titles

  4. Meetings, Hearings, and Dealing With Objectors

  5. Constitutional Issues and Case Law

    1. Property Rights vs. Police Power
    2. Takings
    3. Vested Rights and Estoppel
    4. Due Process
    5. Equal Protection
    6. First Amendment

  6. Challenging or Appealing a Land Use Decision

    1. Quasi-Judicial vs. Quasi-Legislative
    2. Local Appeal Process
    3. Standing Issues
    4. Procedural and Evidence Rules
    5. Preparation and Testimony
    6. Preserved Administrative Record
    7. Assertion of Collateral Constitutional and Other Claims
    8. Exhausting Your Administrative Remedies
    9. Going to Court
    10. Hearing Tips and Techniques

  7. Hot-Button Land Use Issues and Case Law

  8. Legal Ethics Issues for Land Use Attorneys

    1. Conflicts of Interest
    2. Duties of Appointed Zoning Officials
    3. Ex Parte Contacts
    4. Attorney Fees
    5. Dealing With Pro se Parties
    6. Ethical Issues in Multi-Jurisdictional Practice

Who Should Attend

This basic level online seminar is designed for attorneys. Zoning and land use planners and officials, developers, engineers, surveyors, and paralegals may also benefit.

Speakers

Sean R McGowan
Sean R.
McGowan
Greenbaum, Rowe, Smith & Davis LLP
Rosemary Stone-Dougherty
Rosemary
Stone-Dougherty
A.Y. Strauss LLC
Keith A Loughlin
Keith A.
Loughlin
Inglesino Taylor
Allyson M Kasetta
Allyson M.
Kasetta
Harwood Lloyd LLP
Speaker bio
Sean R McGowan

Sean R. McGowan

Greenbaum, Rowe, Smith & Davis LLP
Sean McGowan

is a partner and co-chair of the real estate department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice in the area of real estate law. Mr. McGowan's experience encompasses all aspects of development, redevelopment, land use and zoning, real property transactions, project financing, and the representation of clients on issues related to property management, landlord-tenant matters, and day-to-day business counseling. He also serves as counsel to one of the major sewerage authorities in the state and has previously served as counsel to other public entities. In addition to his experience as an attorney in private practice, Mr. McGowan previously served in an in-house legal capacity for a leading New Jersey based commercial developer. In his role as vice-president of development and legal affairs, he oversaw the development of numerous multi-family residential, retail and warehouse projects, and also assisted the company in navigating a broad range of legal and business challenges. Mr. McGowan earned his B.A. degree from Rutgers and his J.D. degree from Seton Hall University School of Law.

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Speaker bio
Rosemary Stone-Dougherty

Rosemary Stone-Dougherty

A.Y. Strauss LLC
Rosemary Stone-Dougherty

is a partner at A.Y. Strauss LLC. She has vast experience in the areas of land use development, zoning and planning law, along with all aspects of both complex commercial and residential real estate transactions. Ms. Stone-Dougherty earned her B.A. degree from Seton Hall University, her M.B.A. degree from W.P. Stillman School of Business-Seton Hall University and her J.D. degree from Seton Hall Law. She is admitted to practice in the Supreme Court of the United States of America and the U.S. District Court for New Jersey, Florida and New Jersey.

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Speaker bio
Keith A Loughlin

Keith A. Loughlin

Inglesino Taylor
Keith Loughlin

is a partner at Inglesino Taylor. He concentrates his practice in counseling clients in land use, zoning, and litigation. Mr. Loughlin represents property owners and developers in land use applications before planning and zoning boards throughout New Jersey and has extensive experience in all phases of development and redevelopment. He also represents clients in litigation involving affordable housing and real estate matters in courts throughout the state. Mr. Loughlin previously served as a town councilman in Westfield, New Jersey from 2010-2017, as chief counsel to the New Jersey Assembly Minority Office, and as chief of staff to New Jersey Assembly Minority Leader Jon Bramnick. He currently serves as a member of the District XII Fee Arbitration Committee. Mr. Loughlin earned his B.A. degree from University of Florida and his J.D. degree from Maurice A. Deane School of Law at Hofstra University. He is admitted to practice in New Jersey, New York, District of Columbia, U.S. District Court for the District of New Jersey and U.S. District Court of Appeals for the Third Circuit.

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Speaker bio
Allyson M Kasetta

Allyson M. Kasetta

Harwood Lloyd LLP
Allyson Kasetta

is of counsel at Harwood Lloyd, LLP. She assists residential, commercial and industrial developers in the full range of land use, development, redevelopment and permitting matters. In particular, Ms. Kasetta has extensive experience representing developers in connection with municipal, county and state approvals, including site plan approvals, subdivision approvals, and variances and permits with direct experience representing municipal planning and zoning boards. She has handled prerogative writ litigation involving land use approvals and challenges to other governmental actions. Other noteworthy development projects on which Ms. Kasetta has advised are a distribution facility in Jersey City for a well-known international courier and a landmark office building in Morristown. She earned her B.S. degree with honors from Rutgers and her J.D. degree from Rutgers University School of Law.

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