NJ Justices To Hear ‘Enviro Sensitive’ Land Rezoning Row

February 6, 2014 – In The News

Henry Kent-Smith was quoted in the Law360 article "NJ Justices To Hear ‘Enviro Sensitive’ Land Rezoning Row." While the full text can be found in the February 6, 2014, issue of Law360, a synopsis is noted below.

The New Jersey Supreme Court is set to decide whether a town went too far with a land use designation that required minimum lot sizes of 20 acres for residential development.

According to Henry Kent-Smith, the case could provide important guidance for when towns can and can’t downzone properties.

"The fact that the Supreme Court would take this case can only mean that they're going to take a look at the Gardner decision and what has been the law for 25 years,” Kent-Smith said, referencing the Supreme Court’s 1991 decision in Gardner v. New Jersey Pinelands Commission, which upheld state regulations limiting residential development in the Pinelands region through downzoning.