Reginald Jenkins, Jr. and Firm’s Land Use Team Secure Rare Court-Approved Automatic Approval After Zoning Board Misses NJ Statutory Decision Deadlines

In yet another significant land-use victory, the Trenk Isabel Siddiqi & Shahdanian Land Use & Redevelopment team, led by partner Reginald Jenkins, Jr., secured a court ruling granting automatic approval for a multi-unit residential redevelopment project after the Paterson zoning board of adjustment failed to meet New Jersey’s statutory decision deadlines.

Following trial and supplemental briefing, the Superior Court found that the board’s delays, unilateral cancellation of hearings, and other failures to act entitled the developer to default approval of its application for use variance, bulk variance, and site plan. The court held that the board did not issue a timely decision under the Municipal Land Use Law, resulting in judgment for the developer and remanded the matter to the board for its to ministerial approval actions.

This outcome is particularly notable given the rarity of automatic approvals in land-use matters, especially those involving use variance relief, and the complexity of the project and underlying litigation.

“This was a hard-fought case that required careful attention to both the procedural history and the statutory protections afforded to applicants under New Jersey land-use law,” said Jenkins. “The court recognized that municipal boards must comply with legislative deadlines and that applicants are entitled to rely on those protections. We were proud to help our client achieve a successful outcome on a particularly challenging redevelopment project.”

Associates Victoria K. Mastrofilippo, Erin F. Duffin, and Wyatt M. Noble, and Legal Assistant Heather Fischer assisted in the representation of the developer.

Please visit the Land Use & Redevelopment practice, chaired by Reginald Jenkins, Jr., for more information about the services the team provides.