On July 29, 2019, Maraziti Falcon successfully upheld the City of Hoboken’s zoning and land use regulations as applied to NY Waterway’s plan to develop a waterfront industrial facility at a location on the Hudson River waterfront. The site is planned as a public park and an important link in the Hudson River Waterfront Walkway. NY Waterway sought a declaratory judgment and an injunction exempting NY Waterway from the City’s regulations, claiming that the City’s zoning and land use regulations were preempted by NJDEP and U.S. Army Corps of Engineers permits which had been issued for NY Waterway’s proposed facility. The Superior Court, Hudson County, ruled in favor of the City, and determined that the City’s regulations are not preempted, that NY Waterway was not entitled to declaratory or injunctive relief, and that NY Waterway must first seek relief through the City’s zoning process before bringing its claims in court. Click here to read more.