On June 3, 2019, Maraziti Falcon successfully petitioned the Supreme Court of New Jersey for certification of the City of Hoboken’s appeal in Shipyard Assocs., LP v. City of Hoboken, which addresses the applicability of the City’s flood damage prevention ordinances to a proposed luxury, high-rise residential tower on a pier over the Hudson River in a federally-designated flood zone. The proposed tower had obtained planning board approval under the Municipal Land Use Law (MLUL), by default, in 2012, and the ordinances were adopted in 2013, as part of the overall governmental response to Hurricane Sandy. The lower courts ruled that the ordinances could not be applied to the proposed tower under the MLUL because the ordinances were adopted within 2 years after planning board approval, notwithstanding that the ordinances aim to protect public health and safety from serious flood risks. The appeal presents an important, statewide issue regarding the extent of local governmental authority to restrict development in the interest of protecting public health and safety from emerging concerns, including climate consequences like increasingly-intense and recurrent coastal storms and flooding. Click here to read more.