Shipyard Associates, L.P. v. City of Hoboken (082446) (Hudson County & Statewide) (A-83/84/85-18; 082446)
Both ordinances at issue are unquestionably zoning ordinances subject to the limitations of the MLUL, the plain language of which contains no exception for the retroactive application of changes in zoning requirements within two years of the issuance of a final approval. The City therefore cannot apply either ordinance to the Project, because they became effective within two years of the issuance of Shipyard’s final approval. And Shipyard’s period of statutory protection has been tolled.
