Representative CasesKinderkamack Road Associates, LLC v. Mayor and Council of Borough of Oradell, 421 N.J. Super. 8 (App. Div. 2011) The Court sustained the Oradell's refusal to grant a use variance to landowner for use of a residential lot adjoining landowner's commercial lots as a buffer so that landowner could satisfy setback requirements for proposed development of the commercial lots for a pharmacy with drive-through window facilities. The landowner's proposal would allow a business enterprise to encroach upon the residential zone by effectively removing all residential uses for landowner's residential lot, and would move commercial uses ten feet closer to a residence on another residential lot not owned by landowner and would allow more intensive use of landowner's commercial lots. Mr. Kates represented the Borough.Robinhood Plaza, Inc. et al. v. City Council, Jersey City, Unreported, Law Division 2015 The client is developing 500 Summit Avenue, adjacent to the PATH Station at Journal Square in Jersey City. Litigation commenced on behalf of the client in 2010, alleging unequal and arbitrary mistreatment in rezoning its property. That litigation resulted in a settlement with the City, which called for amendment of the Journal Square 2060 Redevelopment Plan. The amendment gives Robinhood Plaza a height allowance from 25 stories to 42 stories, in exchange for the dedication of some of its property for a park and other considerations. The City Council amended the Redevelopment Plan to conform to the changes in zoning but, after a municipal election, refused to implement a final step – vacating a small portion of a public street to conform to the Redevelopment Plan. On a motion to enforce litigant’s rights, the trial judge concluded that the City could not use as a defense that a future governing body cannot be bound by its predecessor when the subject is implementation of a redevelopment plan