Do I Need to File a Prerogative Writ?
For most development plans in the City of Summit, it is necessary for developers to receive approval from the municipal boards that govern development plans, typically the City of Summit Planning Board and/or Zoning Board. Developers must receive approval for projects, and they also often need to seek variances for purposes of rezoning or making changes to existing residential or business properties. Where does a prerogative wit come into any of this?
In short, if the City of Summit Planning Board or City of Summit Zoning Board does not approve your application, you have the ability to appeal. Filing a prerogative writ is one way to challenge the decision of a municipal board. If your development or variance application was denied, you should reach out to a Summit land use and prerogative writ lawyer as soon as you can to find out about challenging the decision.
Do You Need to Challenge a Local Board Decision?
In determining whether you need to file a prerogative writ, a key issue is whether you had a development or zoning application denied and need to challenge the decision. If so, you may need to file a prerogative writ.
The type of prerogative writ you may need to file will depend on the details of your case. In most circumstances where you want to have a court review a decision made by the Planning Board or Zoning Board, you will want to file a writ of certiorari. At the same time, a writ of mandamus or a writ of prohibition also may be relevant, all types of prerogative writs, if you want to stop or force certain actions.
Timing for Filing Your Proceeding in Lieu of Prerogative Writ
Typically, if you do want to challenge the Planning Board or Zoning Board decision, you will need to do so within 45 days under New Jersey law. The clock on this time window begins ticking when the Board publishes its notice of the decision. Under NJ Rev Stat 10:4-15, the filing must occur “within 45 days after the action sought to be voided has been made public.” From that date, you will have 45 days to file, and the statute of limitations is a strict one.
Accordingly, it is essential to seek advice from a New Jersey land use attorney as soon as possible about challenging the Board’s decision. If the clock runs out, you will likely lose your ability to challenge the decision.
Contact a Summit Land Use Lawyer for Assistance Today
Our firm regularly assists residential and commercial real estate developers with a wide range of legal issues in Summit, including challenges to City of Summit Planning Board and Zoning Board decisions. One potential way of challenging a decision is to file a prerogative writ, and our firm can assist you with this process. Do not hesitate to reach out to one of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan to discuss your case. We can speak with you today about your options for filing a prerogative writ or otherwise challenge a decision made by a local Summit board or another governmental agency.
Source:
law.justia.com/codes/new-jersey/title-10/section-10-4-15/
