Cherokee Lcp Land, LLC and Linden 587, LLC v. City of Linden Planning Board, Goodman North American Partnership…

Summary

The Supreme Court of New Jersey held that a tax lienholder may be an "interested party" under the Municipal Land Use Law and thus have standing to challenge a planning board's approval of a neighboring land use application if it can show that its right to use, acquire, or enjoy the property may be affected. The Court reversed the Appellate Division’s dismissal of the complaint and remanded for further proceedings. Justice Timpone dissented, arguing that the majority’s extension of standing to tax lienholders without a present possessory interest exceeds the statute’s liberal standing policy.