Credit: ronstik / Adobe Stock How Developers Can Insulate Themselves from the Effects of a Prerogative Writ Action
Prerogative writ actions can present an opportunity for developers to challenge an unfavorable decision, but they can also provide an avenue for a challenger to invalidate a hard-fought approval.
April 21, 2022 at 02:00 PM
9 minute read
Real Estate
Prerogative Writs Actions against a municipality or municipal land use board can be a developer's best friend—or its worst nightmare. The outcome of a Prerogative Writ Action can have devastating effects on a developer's project. But there are things a developer can do—both proactively and in the context of litigation—that can insulate against the deleterious effects of an adverse decision.
What Is a Prerogative Writ Action?
Prior to the adoption of the New Jersey Constitution of 1947, "persons aggrieved by action or inaction of state or local administrative agencies could seek review by applying for one of the prerogative writs." Vas v. Roberts, 418 N.J. Super. 509 (App. Div., 2011). The 1947 New Jersey Constitution superseded common law prerogative writs, and provided, in lieu thereof, that "review, hearing and relief shall be afforded in the Superior Court, on terms and in the manner provided by rules of the Supreme Court, as of right, except in criminal cases where such review shall be discretionary." N.J. Const. art. VI, § 5, ¶ 4.
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