Shipyard Associates, L.P. v. Hoboken

In this action, Hoboken passed two ordinances after a developer received final approval to build to residential towers on the Hudson River. The developer claimed that it should not be subject to the ordinances, as they are zoning regulations and Section 52(a) of the Municipal Land Use Law mandates that no new zoning regulations may apply to a project within two years of final approval. Relying on N.J. Shore Builders Ass’n  v. Township of Jackson, 199 N.J. 38 (2009), the Court considered not only how the municipality characterizes the ordinance, but also how the ordinance functions in practice. In doing so, the Court found that the ordinances were zoning regulations, as contended by the developer, and not environmental regulations, as the city had claimed.

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