Advanced Topics in Zoning XVII

Date: Oct 15, 2026 12:00 p.m. – 3:00 p.m.

Location: New Jersey Law Center, New Brunswick, and Online

Member Price: $145.00

Non-Member Price: $179.00

Event Code: I423626

Areas of Law: Land Use, Real Estate

Earn up to 3.5 credits! (More Information)

Faculty

Featured Speaker

Moderator

Richard S. Schkolnick, Esq.
Law Offices of Richard Schkolnick, Millburn
Law Offices of Richard Schkolnick in Millburn, New Jersey, has extensive experience providing solutions to property owners in complex land use and zoning matters, and has served as counsel to local government agencies with respect to land use and zoning issues. He focuses his practice in applications to construct wireless communications facilities and has represented national wireless carriers in hundreds of zoning applications.

Admitted to practice in New Jersey and New York, Mr. Schkolnick is Past Chair of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section. He secured a unanimous decision from the New Jersey Supreme Court on behalf of the Township of West Orange in the State’s seminal eminent domain case, Township of West Orange v. 769 Associates, LLC, 172 N.J. 564 (2002), and also served as Co-General counsel to the New Jersey State Democratic Party.

Mr. Schkolnick is a graduate of Haverford College, where he was elected to Phi Beta Kappa, and received his Masters of Government Administration from the University of Pennsylvania’s Fels Center of Government, where he was a Fels Scholar. He received his J.D. from the U.C.L.A. School of Law.
(9/23)
Steven J. Tripp, Esq.
Wilentz Goldman & Spitzer, Woodbridge

Presenters

Michael J. Ash, Esq., CRE
Chair, Westfield Planning Board
Carlin, Ward, Ash & Heiart LLC, Florham Park
Kelly M. Carey, Esq.
Savo, Schalk, Corsini, Warner, Gillespie, O'Grodnick & Fisher, Monroe
Jason A. Cherchia, Esq.
Wilentz Goldman & Spitzer, Woodbridge
Christine Cofone, PP, AICP
Cofone Consulting Group, Red Bank
Lawrence S. Cutalo, Esq.
O'Toole Scrivo LLC, 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.
(9/23)
Alyse Landano Hubbard, Esq.
Maraziti Falcon LLP, Cedar Knolls
Nicole M. Magdziak, Esq.
Day Pitney LLP, Parsippany
Robert F. Simon, Esq.
Chair, New JerseySBA Land Use Law Section
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.
(8/23)
Steven K. Warner, Esq.
Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, Somerville

Stay at the forefront of New Jersey land use law with the latest installment (featuring an expanded third hour!) of our premier zoning program: Advanced Topics in Zoning. This timely seminar brings together an esteemed panel of land use experts to delve into critical case law and practice updates that impact your practice. Because of the importance of these topics, we’ve expanded to allocate time for more in-depth discussions of recent case law and statutory developments.

Attendees will gain invaluable insights into recent landmark developments, including a deep dive into the impact of the state Supreme Court’s Monarch v. Montville decision and discussion of practice pointers concerning the new Step “4-A” of the SICA balancing test. In addition, our panelists will examine two recent Supreme Court decisions on eminent domain and an important RLUIPA case from the U.S. Third Circuit, Anash v. Borough of Kingston. Finally, we’ll devote some time to the ever-important issue of public notice, focusing on practice tips for dealing with the new “electronic" publication mandate (and how to confirm your chosen electronic publication meets the state requirements). As an attendee, you will walk away better-equipped to handle whatever comes your way in your land use practice.

Register today to secure your space.

Program Agenda

  • 12 | Introduction
  • 12:05 | Monarch v. Montville: How far has the pendulum swung against inherently beneficial uses? Practice pointers for the new Step “4-A” of the SICA balancing test - Kelly M. Carey, Esq.; Christine Nazzaro-Cofone, PP, AICP and Robert F. Simon, Esq.
  • 1 | What the New Jersey Supreme Court has taken away in Monarch v. Montville, has the Third Circuit ‘giveth’ in the RLUIPA context?  A discussion of Anash Inc. v. Borough of Kingston and how RLUIPA impacts the nuts and bolts of variance applications) (applicant and municipal perspectives) - Richard Schkolnick, Esq. and Steven J. Tripp, Esq.
  • 1:45 | Legal Notice Has Changed – Let’s Sort Out Electronic Publication: Navigating the new statutory notice framework - Jason A. Cherchia, Esq.; Lawrence S. Cutalo, Esq.; Alyse Landano Hubbard, Esq. and Nicole M. Magdziak, Esq.
  • 2:20 | Making Sense of the Supreme Court’s Two Recent Eminent Domain Cases:   A discussion of Township of Jackson v. Getzel Bee, LLC and Borough of Seaside Park v. Shree Jyoti, LLC - Steven K. Warner, Esq. and Michael J. Ash, Esq., CRE
  • 3 | 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 3.5 hours of total CLE credit (Full Credits Available: NJ General: 3.5).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 3.5
PA CLE:PA Substantive Credit: 2.5
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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