2024 Land Use Update – Session 1

Date: Mar 6, 2024 9:00 a.m. – 4:00 p.m.

Location: Online

Member Price: $187

Non-Member Price: $234

Section Price: $176

Event Code: I0386241

Areas of Law: Land Use

Earn up to 6.7 credits, including 1.2 in Ethics and 1.2 in Diversity! (More Information)




Alexander Fisher, Esq.
Chair, Land Use Law Section
Savo, Schalk, Corsini, Warner, Gillespie, O'Grodnick & Fisher, Somerville


Lawrence S. Cutalo, Esq.
O'Toole Scrivo, Cedar Grove
is a Partner in the Cedar Grove, New Jersey, office of O’Toole Scrivo Fernandez Weiner Van Lieu, LLC, and focuses his practice in complex litigation and land use. He has extensive experience in business litigation, zoning and development, employment law and professional liability, and routinely handles local planning and zoning board matters and related litigation. He has also represented clients in closely-held business transactions.

Admitted to practice in New Jersey and before the United States District Court for the District of New Jersey, Mr. Cutalo is a member of the Board of Directors of the Land Use Law Section of the New Jersey State Bar Association. He is Second Vice President of the Morris County Bar Association and is a former Co-Chair of the Association’s Land Use Committee. He has lectured for the New Jersey State and Morris County Bar Associations and is the recipient of several honors.

Mr. Cutalo received his B.A. from the University of Virginia and his J.D. from Rutgers University School of Law-Newark, where he was a member of the Rutgers Environmental Law Clinic. He served as a judicial clerk to the Honorable Ronald B. Graves, J.A.D., Superior Court of New Jersey, Appellate Division.
Adam J. Faiella, Esq.
Sills Cummis & Gross, Newark
Gary S. Forshner, Esq.
Law Offices of Gary Forshner, South Amboy
is the founder and Principal of the Law Offices of Gary S. Forshner in South Amboy, New Jersey, after previously serving as the Co-Chair of the Redevelopment and Land Use Department of one of New Jersey’s most prestigious law firms. He concentrates his practice in land use, zoning and real estate development and redevelopment, and represents local, national and international developers, property owners and other business clients engaged in mixed use, residential, industrial, office, retail and affordable housing development projects. Mr. Forshner provides sophisticated counsel and guidance across all phases of the project life cycle, including land use planning and approvals; permits and variances; appearances before municipal, county and state boards and agencies; and appeals of unfavorable land use decisions. He has also served as special land use counsel to municipalities and the New Jersey Builders Association (NJBA).

Admitted to practice in New Jersey and Pennsylvania, Mr. Forshner is Past Chair of the New Jersey State Bar Association’s Land Use Law Section and a member of the Mercer County Bar Association. He is a Director of the NJBA, has been Chair of the Association’s Master Sponsor Committee and has served on or chaired several other committees. Mr. Forshner has been a Trustee of the Shore and New Jersey Builders Political Action Committees as well as the Shore Builders Association of Central New Jersey. He has been a member of the Builders League of South Jersey, the National Association of Home Builders and the Legislative Affairs Committee of the National Association of Industrial and Office Properties-New Jersey (NAIOP-NJ), and has served on several committees of the International Council of Shopping Centers (ICSC).

Mr. Forshner has lectured on zoning and planning, sustainable energy land use, eminent domain, real estate transactions, financing and leasing, and attorney and government ethics topics for organizations including ICLE, the NJBA and ICSC, and is the author and co-author of articles which have appeared in the New Jersey Lawyer, the New Jersey Law Journal and other publications. He is the 2008 recipient of the Distinguished Service Award for Outstanding Political Action and the 2013 Builders’ Choice Award, both bestowed by the New Jersey Builders Association, and several other honors. He is also a frequent contributor to the New Jersey Law Blog.

Mr. Forshner received his B.S. from Pennsylvania State University and his J.D. from American University, Washington College of Law.
Cameron Macleod, Esq.
Gibbons P.C., Trenton
Nicole M. Magdziak, Esq.
Day Pitney LLP, Parsippany
Jennifer Mazawey, Esq.
K & L Gates, Newark
is a Partner in Genova Burns LLC in Newark, New Jersey, and a member of the firm’s Commercial Real Estate & Redevelopment, Environmental Law, and Land Use & Approvals Practice Groups as well as the Construction & Engineering, Education and Land Development Industry Groups. She concentrates her practice in commercial real estate, land use and construction law, and represents developers in all aspects of their development projects. Regularly appearing before planning boards and zoning boards of adjustment, Ms. Mazawey assists clients with permit acquisition, construction contracts and in construction-related disputes. She has also practiced education law and served as general counsel and special labor counsel to boards of education and boards of trustees throughout New Jersey.

Admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Third Circuit Court of Appeals, Ms. Mazawey is Past Chair of the New Jersey State Bar Association Land Use Law Section and a member of the Association’s Environmental and Women in the Profession Sections as well as the Renewable Energy, Cleantech and Climate Change Committee. She has served on the Women’s Leadership Committee of the New Jersey Women Lawyers Association and has been President and Co-Director of Sponsorship for Commercial Real Estate Women, Inc. of New Jersey (CREW-NJ) as well as a member of the national CREW Network. She is also a former Trustee of the New Jersey Association of School Attorneys.

Ms. Mazawey is a co-author of “In the Election of 2002, the Voters of New Jersey Were the Winners,” (27 Seton Hall Legislative Journal 77, 2003). She has lectured for ICLE, the New Jersey State Bar Association, the New Jersey School Boards Association and other industry groups, and is the recipient of numerous honors.

Ms. Mazawey received her B. A. from Rutgers University and her J.D., cum laude, from Seton Hall University School of Law. After law school, she was Judicial Law Clerk to the Honorable Christine L. Miniman, J.S.C.
Robert F. Simon, Esq.
Herold Law, PA, Warren
is a Shareholder in and Co-Managing Director of Herold Law, P.A. in Warren, New Jersey. He focuses his practice in land use regulation before local zoning and planning boards; real estate-related litigation including land use, tenancy, tax appeals, condemnation and title actions; and commercial and residential real estate transactions. Mr. Simon has been qualified as an expert witness in both Superior Court and District Court in legal malpractice and mortgage fraud matters. He has been Board Attorney for the Township of Tewksbury Land Use Board, Special Land Use Counsel for the Borough of Wallington as to Affordable Housing and land use litigation, and Board Attorney for the Township of Millburn Zoning Board of Adjustment.

Admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second and Third Circuits, Mr. Simon is a member of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section and has been Chair of the District XIII (Hunterdon, Somerset and Warren Counties) and District VB Fee Arbitration Committees. He has been a member of the NJSBA Real Estate Law Section and has lectured for ICLE and Lorman Education Services.

Mr. Simon received his B.A. from Johns Hopkins University and his J.D. from Benjamin N. Cardozo School of Law, Yeshiva University, where he served as a member of the Editorial Board of the New Europe Law Review. He was a judicial law clerk to the Honorable R. Benjamin Cohen, J.S.C.
Thomas J. Trautner, Jr., Esq.
Vice Chair, Land Use Law Section
Chiesa Shahinian & Giantomasi PC, Roseland

Presented in cooperation with the NJSBA Land Use Law Section

The Land Use Citator developed by Greg Meese and Edward Purcell of Law Office of Price, Meese, Shulman & D'Arminio, PC and updated by them annually is once again presented by the NJSBA Land Use Section. 
Hundreds of land use attorneys attend Use the Land Update each year to gain a distinct practice edge and a nuanced understanding of the latest land use developments. Attorneys across New Jersey regard the event as the definitive source for current information about land use practice. Hear from the state’s leading land use attorneys about the recent regulatory, legislative and case law developments that every seasoned land use practitioner should know. 
Register today to gain the essential information and strategies you will use immediately in your practice and receive an electronic and hot-linked copy of the 2024 Land Use Citator. Many thanks to Gregory Meese and Ed Purcell for creating and updating this valuable document. 
Note: This program is designed for those who already possess a general understanding of New Jersey land use law.

This year, the new case law includes issues arising from the following subject matter:

  • 9:00 | Opening Remarks - Alexander Fisher, Esq.
  • 9:05 | Legislative and Regulatory Update - Nicole M. Magdziak, Esq.
  • 9:20 | Challenges to Zoning Ordinances - Gary S. Forshner, Esq.; Alexander Fisher, Esq.
  • 9:45 | Challenges to Board Decisions - Gary S. Forshner, Esq.
                Constitutional Challenges - Alexander Fisher, Esq.
  • 10:20 | Break
  • 10:30 | Variances and Conditional Uses - Robert F. Simon, Esq.; Jennifer Mazawey, Esq.
  • 11:10 | Decision, Resolution and Conditions of Approval - Jennifer Mazawey, Esq.
  • 11:20 | Administrative - Lawrence S. Cutalo, Esq.
  • 11:45 | Lunch
  • 12:45 | Condemnation and Redevelopment - Adam J. Faiella, Esq.
                    - Non-Conforming Uses and Structures
  • 1:15 | Affordable Housing including DEI credit - Thomas J. Trautner, Jr., Esq.; Cameron Macleod, Esq. 
  • 2:15 | Litigation and Settlement - Cameron Macleod, Esq.; Nicole M. Magdziak, Esq.
  • 2:35 | OPRA, and Miscellaneous - Lawrence S. Cutalo, Esq.
  • 2:50 | Break
  • 3:00 | Ethics - Discussion and Hypotheticals + Q&A - Robert F. Simon, Esq. 
  • 4:00 | Adjourn

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit, including 1.2 in Ethics and 1.2 in Diversity (Full Credits Available: NJ Beginner Diversity : 1.2, NJ Ethics: 1.2, NJ General: 4.3).
NY CLE (t&nt):NY Diversity Non-Transitional: 1.0, NY Ethics Transitional: 1.0, NY Professional Practice Transitional: 4.0
PA CLE:PA Ethics Credit: 2.0, PA Substantive Credit: 3.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/



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