Land Use Liability
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Centennial Land & Development v. Medford Township (1979) | Absolute Immunity (as opposed to qualified immunity) applies to members of Planning and Zoning Boards engaged in quasi-judicial activity.
Anastasio v. West Orange Planning Board (1986) | Board members are eligible for absolute immunity even when they ignore a court order to grant an approval.
Whispering Woods v. Middletown (1987) | A land use board may enter into a settlement with an applicant that is appealing the board’s decision but must give the public the opportunity to be heard on the terms of the settlement.
Smith v Fair Haven (2000) At onsite visits, board members should not go beyond arguments advanced in the hearings and should report what was learned at the next meeting.
Grabowsky v Montclair (2015) The fact that the Mayor’s mother might live in the applicant’s facility in the future is not sufficient cause to require the Mayor to recuse. The fact that the Mayor is a board member of the adjacent church is sufficient to require recusal.