Legal Alert: Time to Appeal Land Use Decisions Extended by Supreme Court
On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order addressing ongoing COVID-19 measures relating to court functions for all divisions of the court, as well as deadlines for discovery and court filings and statutes of limitations deadlines. With respect to developers, the important takeaway is that the 45-day statute of limitations period that applies to an appeal of a Zoning Board or Planning Board decision is temporarily stayed until April 26, 2020. This means that in the event the 45-day appeal period would ordinarily expire on or after March 16, 2020, the date by which the appeal must be filed is extended to the next business day after April 26, 2020, which is Monday, April 27, 2020. Please remember that while many towns will allow a developer to commence site work consistent with their approvals before the appeal period expires, developers continue to do such work at the risk that someone might appeal the approvals and that period of that risk is now extended to April 27, 2020 consistent with the above. Given the changing circumstances surrounding the virus and its impact on the judicial system, this Order could be amended and extended in the future.
A copy of the Omnibus Order can be found here: https://www.njcourts.gov/notices/2020/n200327a.pdf
The experienced land use attorneys at NPD&G continue to be available to provide guidance and assistance for all of your land use needs during these unprecedented and confusing times. #NPDGCares