New Jersey Supreme Court Grants Beattie Padovano’s Petition for Certification in Appeal Regarding the Municipal Land Use Law

On July 15, 2025, the New Jersey Supreme Court granted Beattie Padovano’s petition for certification in the case of Hoboken for Responsible Cannabis, Inc. v. Hoboken Planning Board, 480 N.J. Super. 357 (App. Div. 2024).  The issue in the appeal is whether an ancillary application to a municipal board other than a planning board or board of adjustment is an “application for development” under New Jersey’s Municipal Land Use Law for purposes of the Time of Application Rule.  The Time of Application Rule is a legal construct that protects developers from changes to municipal zoning ordinances that take effect after the submission of a complete application for development.  In this appeal, the developer filed its application with the Planning Board after Hoboken changed its zoning to require a minimum distance between cannabis retailers and school buildings.  The Appellate Division held that the developer’s application to Hoboken’s Cannabis Review Board was an “application for development” for the purposes of the Time of Application Rule.  The Supreme Court will consider the appeal during its 2025 term, with oral argument likely to occur in the coming months.