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February 4, 2010

Re: S-82, Time of Decision Approved by Senate Committee

Dear Mayor,

Today, the Senate Community and Urban Affairs Committee approved S-82, which would abolish the “time of decision” rule.  

League Assistant General Counsel Edwin Schmierer of Mason, Griffin and Pierson joined Mike Cerra in testifying on the League’s behalf, arguing that the time of decision rule is a judicially recognized principle that has been upheld as a fundamental rule which permits municipalities to act legislatively when land use amendments are appropriate for a given municipality.   The League was joined in opposition by the Sierra Club and the New Jersey Environmental Federation.

The bill can now be scheduled for a vote by the full Senate.   We urge you to contact and ask your State Senator to oppose S-82.

For more on this bill, please see our Dear Mayor letter of January 28 and Dear Mayor letter of January 29.   Questions can be directed to Mike Cerra at

A sample resolution of opposition is online at:

Very truly yours,


William G. Dressel, Jr.
Executive Director


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