Zoning & Land Use

Ansell.Law Secures Motion to Dismiss Avoiding Frivolous Litigation for Firm Client

Ansell Grimm June 5, 2024

In a land use dispute where a litigious neighbor filed a complaint seeking to effectively appeal zoning permits issued for construction that has long since been completed – some for more than a decade – Litigation Department attorneys Anthony J. D’Artiglio and Brian J. Ashnault, with assistance from Land Use Department Co-Chair Jennifer S. Krimko, successfully moved to have the Complaint dismissed in its entirety with prejudice.

The plaintiff filed a complaint against his neighbor and the Borough of West Long Branch, asserting claims of enforcement, writ of mandamus, and violation of the plaintiff’s substantive due process rights. At its core, the Complaint alleged that four permits issued to his neighbor should not have been issued, and the work performed in conjunction with the permits exceeded what was permitted.

On behalf of the defendant neighbor, the Ansell team filed a motion to dismiss the Complaint relying on arguments including that the plaintiff was actually seeking an out-of-time appeal of the permits, not enforcement of the Ordinance as plaintiff asserted. Regardless, the Ansell team argued that such claims were long out of time under the principle of laches, even if they were considered as enforcement claims. Additionally, the Ansell Team argued that the remaining counts were deficient for various reasons warranting dismissal.

Following oral arguments, the Court issued a lengthy oral decision dismissing the Complaint in its entirety with prejudice. The Judge addressed and accepted each of the Ansell team’s grounds to dismiss the Complaint for every count. Accordingly, the frivolous litigation filed by the plaintiff designed to harass his neighbor was disposed of at its earliest stage.

Anthony is a partner and litigation team leader in the Firm’s Woodland Park office. His varied practice includes commercial lease disputes, class actions, Consumer Fraud Act claims, corporate/shareholder disputes, employment disputes, secured property actions, and creditors’ rights in bankruptcy matters.

Jennifer co-chairs the Firm’s Land Use Department. She devotes her practice to all areas relating to real estate, representing a wide variety of clients — from individuals to large developers — in all phases of governmental approvals before municipal, county, and state agencies.

Brian’s practice spans a range of commercial and civil litigation matters including condemnation, land use, commercial lease disputes, breach of contract claims, and collections.

Bradley Beach Land Use Board Approves Revised Plan for the Movie Theater

Ansell Grimm May 29, 2024

Shareholder Jennifer Krimko recently led the team in securing amended approval from the Bradley Beach Land Use Board permitting the Firm’s client to operate a theater with a café and bar in Bradley Beach. The unanimous approval granted on May 16, 2024, allows for the renovation of the existing theater building into one larger theater with 186 seats and one smaller theater room with flexible seating for up to 39 people, along with cafés and bar areas.

Krimko emphasized the advantages of the amended plan, noting that “there could be interior renovations that would be less expensive to construct, would be equally as ADA accessible, and allow the site to continue to function in the same way.” Read more in the Star News Group article.

As co-chair of the Firm’s Land Use Department, Krimko devotes her practice to all real estate matters, representing a wide variety of clients — from individuals to large developers — in all phases of governmental approvals before municipal, county, and state agencies.

Interdepartmental Teamwork Overcomes Challenge to Client’s Use Variance Approval

Ansell Grimm March 18, 2024

In a client success, shareholder Jennifer Krimko obtained approval for the client to operate a community center and academic tutoring space in Rumson, New Jersey. On the heels of this victory, Litigation Department attorneys Anthony D’Artiglio and Layne Feldman protected that approval following an objecting neighbor’s appeal to the Superior Court. Through an aggressive defense, the approval was upheld, and the objector’s appeal was denied, allowing the clients to continue operating their business serving the local community. Collaboration with the Land Use Department provided nuanced insight into the case and helped secure another victory for the client.

As an associate in the Firm’s Commercial Litigation Department, Layne has a diverse complex commercial and civil litigation practice. She handles commercial lease disputes, Consumer Fraud Act claims, corporate/shareholder disputes, and secured property actions.

Jennifer Krimko Quoted in NJ.com Article About the Rezoning of a Historic Golf Course

Ansell Grimm September 7, 2023

The Old Orchard Country Club in Eatontown is moving closer to its transformation into an age-restricted housing development with open space and commercial uses on the highway. A recent ordinance amendment established new zoning regulations for the 94-year-old golf course, allowing up to 145 age-restricted, single-family homes with amenities off of Route 71 (Monmouth Road) and commercial development on Route 36. The firm, through Shareholder Jennifer S. Krimko represents the contract purchaser and future developer of Old Orchard. She addressed the Council at the hearing on the Ordinance and her sharing her statements on the zoning framework and the balance being struck between her client and the community is highlighted in this NJ.com article.

Jennifer is co-chair of Ansell.Law’s Land Use & Zoning Department. Our attorneys assist clients in navigating land development. They offer thorough advice on zoning due diligence and development prospects, managing the process from planning to compliance. From small renovations to large commercial projects, our attorneys are prepared to guide clients through the approval process. Please contact Jennifer for more information.

Ansell.Law Secures Micro-license and Zoning Site Approval for Cannabis Retailer in Monmouth County

Ansell Grimm May 19, 2023

Establishing a retail cannabis facility in New Jersey is a long and complicated process. Although adult recreational cannabis use is now legal in New Jersey, local municipalities have their own regulations limiting or prohibiting recreational-use retailers. Before opening a retail location, recreational cannabis retailers must first successfully navigate through a complex and rigorous licensing process with the State of New Jersey.

After obtaining a license from the state, retailers are then faced with the arduous task of working through the maze of local regulations and zoning rules to secure approvals for a suitable location for their store.

The firm’s Controlled Substances and Regulatory Practice Group, led by attorneys Joshua S. Bauchner and Kelsey M. Barber, secured a “Micro” license for its client, Canopy Crossroad, which classification requires, among other things, that ownership of the cannabis retailer consists of local residents. After clearing that first hurdle, Canopy Crossroad needed to find and secure a location for its store and then undertake the challenging local municipal zoning approval process. They decided on Red Bank, a town that had agreed to opt-in to New Jersey’s law allowing the sale of cannabis. But before opening their dispensary, Canopy Crossroad needed approval from the Borough’s Planning Board.

As a full-service firm with cross-disciplinary practice areas, our client then was able to work with Rick Brodsky, of the Land Use and Zoning Law Department, who appeared before the Red Bank planning board on Monday, May 1^st, and Monday, May 16^th, for hearings on Canopy Crossroad’s application for site plan approval to open their retail outlet. After a heated debate among Brodsky, representatives of Canopy Crossroad, the Red Bank Planning Board, and opponents to opening a cannabis retailer in Red Bank, the Planning Board approved Canopy Crossroad’s conditional use site plan application on an 8-1 Board vote.

“Red Bank opted in, and cannabis is legal in the state,” said Brodsky. “By opting in, the town was required to specify districts where cannabis can be sold as a permitted use. The Red Bank Planning Board correctly interpreted the law, and we are delighted that they approved our site plan.”

Bauchner further noted that the Firm was a “one stop shop” for cannabis, and other clients, servicing all our clients’ needs: “From corporate formation and operating documents, to lease agreements or site acquisition, to preparation of applications before the State CRC and Townships, to zoning approvals, all the way through to vendor and employee agreements once operational, our attorneys collaborate across disciplines to fulfill all client needs.”

ANSELL GRIMM & AARON NEWSLETTER NOVEMBER 2021

Ansell Grimm November 1, 2021

Jennifer Krimko Secures Variance for New Tesla Gallery and Service Facility

Jennifer Krimko, a Shareholder and Co-Chair of the Firm’s Land Use and Zoning Department, recently represented the property owners for the upcoming Tesla automobile gallery and factory-authorized service facility in Eatontown. The project required approval by the Eatontown Zoning Board of Adjustment because car sales are not permitted in the borough’s zoning rules. In addition to the selling and servicing of electric vehicles, the store will provide a free-standing charging station open to the public along the Route 35 corridor.

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Ansell Grimm & Aaron Roundup July 2021

Ansell Grimm August 12, 2021

Mitchell Ansell Featured in Industry Magazine

Mitchell Ansell, Shareholder, and Chair of the Criminal Defense Department, recently was featured as a power player by Industry Magazine in their July/August 2021 issue. This inclusion provides an opportunity to more personally know a power player who prides himself on the lasting impact and positive influence he provides to clients.

Industry Magazine covers anything and everything of interest for influential tastemakers and trendsetters across New Jersey and New York, from fashion and entertainment to lifestyle and health, to travel and business. The article is available here.

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NJSBA Submits Report & Recommendations to the NJCRC

The New Jersey State Bar Association’s Cannabis Law Committee provided the New Jersey Cannabis Regulatory Commission (“CRC”) with a report and recommendations regarding the CRC’s implementation of the New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). The report covers a broad range of topics, from macro-issues like marketplace and licensing regulations to more micro-issues related to expungements and CREAMMA’s impact on family law matters. Both Joshua Bauchner and Zachary Windham (pictured) of AGA’s Cannabis Law Practice Group, contributed to the report and recommendations. A copy of the report is available here.

Michael Benedetto Closes on Ocean Block Lot Sale

Michael Benedetto, Managing Partner and President of the Firm, who also serves as the Chair of the Commercial Real Estate Department and the Corporate, Finance, & Banking Department, recently served as counsel to the Seller in an off-market sale of a parcel of property that sits approximately 300 feet from the Atlantic Ocean in Long Branch, New Jersey. The property was the last parcel for an ocean block assemblage of just over 1.8 acres. The purchaser of the property was PV Motel, LLC, an affiliate of Kushner Companies, who reportedly intends to construct an oceanfront hotel on the site along with three other lots which make up the assemblage.

Joshua Bauchner Featured in Commerce Magazine

Joshua Bauchner, a shareholder who serves as both Co-Chair of the Litigation Department and head of the Cannabis Law Practice Group, was featured in the July 2021 issue of Commerce Magazine as part of the article Cannabis: A Growing Business Sector in the Garden State? Josh was one of several influential attorneys from across New Jersey asked to discuss what this budding industry means for entrepreneurs right now. Commerce Magazine is the flagship publication of the Commerce & Industry Association of New Jersey. The article is available here.x

Ashley Whitney Files PBA Appeal with NJ Supreme Court

Ashley Whitney of AGA’s Woodland Park office recently filed an appeal with the New Jersey Supreme Court, challenging an opinion from the Appellate Division which upheld the termination of a police officer with no prior discipline for alleged violations of the Criminal Justice Information System through his use of full-disclosure vehicle registration searches despite the police department’s failure to identify a single full-disclosure search conducted without justification.

The Appellate Division’s decision may have a lasting impact upon the law enforcement community as the performance of searches by police has not been significantly addressed by New Jersey Courts since the decision in State v. Donis, 157 N.J. 44 (1998).

The decision is especially pertinent to the issues facing police as it comes on the heels of the Supreme Court’s decision in the matter of In re AG Law Enf’t Directive Nos. 2020-5 & 2020-6, 2021 N.J. LEXIS 486 (June 7, 2021), which upheld the New Jersey Attorney General’s Directives requiring the release of the names of police officers who receive major discipline.

Seth Rosenstein Appointed as FINRA Arbitrator

Seth Rosenstein of AGA’s Woodland Park and White Plains offices was recently appointed a FINRA Dispute Resolution Services Arbitrator. Having practiced in all aspects of securities class action litigation before state and federal courts throughout the United States, as well as representing Fortune 500 financial services companies in arbitration actions brought before FINRA arbitration panels, Mr. Rosenstein will now hear disputes subject to FINRA jurisdiction — which will supplement his unique perspective and experience representing aggrieved investors and financial services professionals. FINRA representation is one component to Mr. Rosenstein’s multi-disciplined practice, which continues to include commercial litigation, cannabis law, and disputes concerning real estate and home improvement contractors.

Roy Hibberd Counsels Insurance Company Acquisition

Roy Hibberd, corporate counsel in the firm’s Ocean office, recently provided legal counsel to McCue Captains Agency of Little Silver, NJ, in its acquisition by World Insurance Associates LLC. The acquisition was announced on July 1, 2021. As a Top 100 Insurance Brokerage, World Insurance Associates’ acquisition will provide McCue the opportunity to expand their national presence while continuing to provide personalized services in Property, Liability, Life and Benefits insurances for both businesses and individuals.

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Jennifer Krimko Helps Hillel Win Expansion Approval

Jennifer S. Krimko, Esq., Co-Chair of the Firm’s Land Use and Zoning Department, recently secured approval for an expansion of the Hillel School campus in Ocean Township, as well as the construction of a new, state-of-the-art firehouse for the Township’s Fire District, at no cost to the taxpayers. The approval includes the construction of: a new, approximately 56,613 square-foot, three-story high school building; approximately 15,872 square foot addition to the school’s early learning center building; and approximately 6,725 square-foot, new fire station building. Additionally, construction of tennis courts, a basketball court, new parking, drainage structures, landscaping, and related site improvements were also approved.

You can view the video of the Board’s decision, including a digital rendering of the expanded facility here.

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Cannabis CLEs

On July 22 Joshua Bauchner participated as an invited speaker for a webinar hosted by the New Jersey State Bar Association’s Cannabis Law Committee. The webinar, The Ins and Outs of Licensing of Recreational Cannabis Businesses in New Jersey, addressed the parameters set out by the New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) and what those parameters mean for potential licensees.
The panel discussed the six classes of licensure, microbusinesses, impact zones, municipal land use, and anticipated regulations from the Cannabis Regulatory Commission (“CRC”).
Josh also moderated a CLE on August 5, 2021, as part of the NJ Society of CPA’s day-long Cannabis Conference. The panel will discuss “The Legal Lifecycle of a Cannabis Business.”

Ansell Grimm & Aaron is Hiring

Ansell Grimm & Aaron PC is seeking a Law Clerk to work in our Real Estate Department. For more information or to apply, please visit us on LinkedIn .

Industry Magazine Profiles AGA Partner Rick Brodsky

Ansell Grimm November 30, 2020

Rick Brodsky, a partner with the firm, recently sat down with Industry magazine to discuss the unique perspective he brings to his practice in real estate, zoning and land use, and development.

You can see the full profile here:

For the People

Rick Brodsky discusses securing Red Bank approval of 3rd Taco Restaurant in Tap Into Red Bank

Ansell Grimm August 29, 2019

The Red Bank Planning Board approved a site plan for a third taco restaurant, Taylor Taco Shop to be located at 1 Broad Street.

Ansell Grimm & Aaron Zoning & Land Use Attorney Rick Brodsky Expedites Approval For New, 23,183 SF Penske Automotive Group Facility In Cranbury, NJ

Ansell Grimm June 19, 2019

In Just Two Hearings, Brodsky’s Environmental Reviewers and Penske’s Commitment to Strong Environmental Protections Convince Cranbury Planning Board to Approve Major New Facility

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