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 Div. 2001) (Unpublished).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.

Gagnon v. Mayor & Council of the Borough of Point Pleasant Beach

Written by Andrew Provence on . Posted in Land Use

Before the Appellate Division, successfully argued for the reversal of a Zoning Board of Adjustment’s decision granting a use variance for the expansion of a nonconforming parking lot use in a residential zone.

Argued by Andrew J. Provence, briefed by Gordon N. Litwin and Andrew J. Provence on behalf of Plaintiff, a resident.

Read the opinion here.