In a case of first impression, the New Jersey Superior Court,
Appellate Division, in Jai Sai Ram, LLC v. The Planning/Zoning
Board of the Borough of South Toms River et al, Docket No.
A-2075-014T2, a decision issued on July 27, 2016, which has been
approved for publication and will therefore be precedential, held
that the Time of Application Rule does not apply to bar a permitted
use or require an applicant to re-file a development application in
order to avail itself of more recent and more favorable zoning. The
Time of Application Rule (N.J.S.A. 40:55D-10.5) was enacted to
statutorily repeal the common law Time of Decision Rule. Pursuant
to the Time of Decision Rule, a decision concerning a land use
application would be based on the municipal ordinance as it existed
at the time the application or appeal was being decided (as opposed
to the time the application was made). The Time of Decision Rule
therefore permitted municipalities to effectively nullify a
providently
