- Of Counsel
Trishka Waterbury Cecil recently represented the town of Princeton before the Appellate Division of the Superior Court is New Jersey
In Avalon Princeton, LLC v. Princeton, 2017 WL 2544792 (App. Div. June 13, 2017), the Appellate Division held that under the plain language of the Uniform Housing and Affordability Controls (UHAC), N.J.A.C. 5:80-26.11(a), the affordability restrictions on low- and moderate-income affordable housing rental units must remain in place for at least thirty years, and must continue to remain in place until the municipality elects to release the units. The court further held that the municipal election to release the units must be made after the expiration of the initial thirty-year period, not before, and must be made by ordinance. The court held that the regulation in question preempts any local ordinance or language in a developer’s agreement to the contrary, and concluded that Princeton acted properly when it rejected Avalon’s attempt to record a deed restriction on the affordable units in its development pursuant to which the restrictions would have expired automatically at the conclusion of the initial thirty-year period.
A copy of the decision can be downloaded for free from Google Scholar (https://scholar.google.com/scholar_case?case=13385101032910667269).
Elizabeth Zuckerman, Esq. will be conducting a virtual course on October 13, 2020 - Know Your Rights as an Employee. Topics include harassment, hostile work environment and discrimination on the basis of age, race, gender, sexual orientation, disability and other protected statuses. The concept of reasonable accommodation and the interactive process will be explored. There will be discussion regarding the New Jersey whistle-blower law, wage and hour laws, family leave laws, non-compete agreements, new employee protections as a result of COVID-19 and common law claims, such as breach of contract and intentional infliction of emotional distress. In addition, hypothetical employment claims based on real life employment experiences will be discussed. Register at https://www.ssreg.com/princeton/classes/results.asp?code=120.
Edwin W. Schmierer, Esq., a firm Director, will be an instructor for the New Jersey Planning Official’s Planning and Zoning Board members training session in Somerset County on October 3, 2020. Mr. Schmierer chairs the firm’s Government Practice Group and represents a number of land use boards including the Lawrence Township Planning Board and the Zoning Board of Adjustment, Borough of Pennington Joint Planning and Zoning Board of Adjustment and the West Windsor Zoning Board of Adjustment. The New Jersey Planning Officials can be reached at [email protected] for any land use board member interested in attending the training session.
Click Link Here to read important information regarding the Families First Coronavirus Response Act.
In a recent decision (Justin Wild v. Carriage Funeral Holdings, Inc.), the New Jersey Supreme Court determined that an employee who is fired for using medical marijuana outside the workplace may bring a claim for disability discrimination under the New Jersey Law Against Discrimination. Mason, Griffin & Pierson Attorney, Elizabeth Zuckerman, who argued the cause for Amicus Curiae National Employment Lawyers Association of New Jersey, stated the "decision is a win for employees who test positive for marijuana due to their lawful use of medical marijuana outside the workplace."