Author Archive

Phillips v. Borough of Keyport

Written by Andrew Provence on . Posted in Land Use

Argued as the sole term-opening argument before the 13-member court and all 39 law clerks, the U.S. Third Circuit Court of Appeals held that remand was necessary to determine whether the Plaintiffs/Appellants, who wished to open an adult bookstore, were entitled to injunctive relief or damages on claims that they were deprived of substantial due process and subjected to First Amendment violations.

Argued and briefed by Gordon N. Litwin on behalf of Defendant/Appellee Borough of Keyport.

Read the opinion here.

Hovsons, Inc. & Homeland Corp. v. Department of Environmental Protection, Land Use Regulatory Program

Written by Andrew Provence on . Posted in Land Use

Docket No. A-3220-99T2 (App. Div. 2001) (Unpublished).

The Appellate Division affirmed the DEP’s determination that Appellant’s CAFRA application could not be reviewed unless and until its site was included in a sewer service area designated by a county Water Quality Management Plan.

Argued by Andrew J. Provence; briefed by Gordon N. Litwin and Andrew J. Provence on behalf of amicus curiae American Littoral Society, Inc.

R.C.G. Construction Company, Inc. v. Mayor & Council of the Borough of Keyport

Written by Andrew Provence on . Posted in Municipal Law / Redevelopment Law

Reversing a ruling of the trial court, the Appellate Division and then the New Jersey Supreme Court affirmed the Borough of Keyport properly cured a bidding defect by allowing a subcontractor of the lowest bidder to supply proof of registration under the Public Works Contractor Registration Act after bid submission but before contract award.

Argued by Gordon N. Litwin; briefed by Gordon N. Litwin and Andrew J. Provence on behalf of Defendant/Appellant/Respondent Mayor & Council of the Borough of Keyport.

Read the opinion here.