The Hudson County New Jersey Superior Court has determined that
the City of Hoboken (Hoboken) cannot require that a developer make
certain community benefit payments or "givebacks" as a
condition to approval of an ordinance.
By ordinance adopted on April 19, 2017, the Hoboken City Council
(Council) approved the Hoboken Post Office Redevelopment Plan
(Redevelopment Plan) for the Hoboken Post Office Rehabilitation
Area (Rehabilitation Area). Hoboken conditionally designated KMS
Development Partners, L.P. (KMS), as redeveloper of a portion of
the Rehabilitation Area (the KMS Property). Subsequently, KMS
sought certain substantive changes to the Redevelopment Plan
including increasing the maximum gross floor area, increasing the
maximum number of rooms for hotel use, reducing the off-street
parking requirements and reducing the required "step
back" from Newark Street.
