John C. Phillips is currently Of Counsel to the Firm and a member of the Real Estate Department. He concentrates his practice in the areas of land use, redevelopment and transactional real estate including presentation of development applications, negotiation of contracts of sale, preparation of various development related documents, and the preparation of condominium documents and registration of residential or mixed use condominium projects with the Department of Community Affairs and the New York Attorney General.
Mr. Phillips began his legal career with one of New Jersey's largest firms in Newark with exposure to a wide variety of legal disciplines. After leaving Newark, Mr. Phillips served for 20 years as the managing partner of a suburban general practice firm. His practice included a broad range of litigation matters. During that period he also represented numerous builders and developers before local land use agencies and served as the Planning Board attorney for Warren Township for 15 years and as municipal attorney for the Township of Berkeley Heights for 11 years. In 2001, Mr. Phillips became Of Counsel to the firm of Price Meese Shulman & D'Arminio concentrating in the municipal and land use areas. He returned to Newark in 2004. He has served as attorney for the Alpine Borough Planning Board since 2005.
Mr. Phillips brings a unique perspective to the land use and redevelopment practice having served as a member of the Berkeley Heights Township (Union County) Planning Board for seven years (three years as a Class III member), a member of the governing body of that community for three years, and as Deputy Mayor for one year. During the same period he also has represented more than a dozen land use boards and governing bodies as conflict and special counsel. While serving as Township Attorney for Berkeley Heights he was primarily responsible for the Township's Mt. Laurel Compliance Plan and all related litigation including the drafting of a new municipal zoning ordinance, negotiation of a Regional Contribution Agreement with the City of Newark and Developer's Agreements for over ten sites added to the Plan, and acquisition by condemnation of private lands required for public improvements to facilitate the Mt. Laurel Plan.
He has litigated numerous matters resulting in published opinions including J.J. Nugent v. Sagner, 151 N.J. Super. 189 (App. Div. 1977) (venue in suits against State Agencies); Lincoln Federal Savings and Loan v. Platt Homes, Inc., 185 N.J. Super. 457 (Ch. Div. 1982) (lien priority of construction loan advances); Cameron & Cameron v. Pl. Bd. of Twp. of Warren, 250 N.J. Super. 296 (App. Div. 1991) (allocation of costs for off-tract improvements); Twp. of Berkeley Heights v. County of Union, 311 N.J. Super. 577 (App. Div. 1998) (abandonment of tax exempt use by County); Sprint Spectrum v. Twp. Of Warren Pl. Bd., 325 N.J. Super. 61 (Law Div. 1999) (right of Planning Board to insist on certain check list items); Deland v. Twp. of Berkeley Heights, 361 N.J. Super. 1 (App. Div. 2003) (disqualification of Mt. Laurel Special Master and removal of Developer Agreement site from Compliance Plan).
Mr. Phillips is certified as a Diplomate in New Jersey Local Government Law by the New Jersey Institute for Local Government Attorneys and the Center for Government Services of Rutgers University. He has lectured in the area of land use, and is Co-Editor of New Jersey Land Use (Juris Publishing).
Newsroom
Presentations
Navigating the Maze of Land Use Regulations in New Jersey
Lorman Education Services
7/20/2006
Publications
Nowhere to Go But Up - But How Do We Get There?
ABA Section of State and Local Government Law News
6/1/2009
Rankings & Recognition
Martindale-Hubbell®* AV rating
Affiliations
Member, American Bar Association
Member, New Jersey State Bar Association
Member, Florida State Bar Association
Member, Union County Bar Association
Member, New Jersey Planning Officials
Member, Institute of Municipal Attorneys
Member, Urban Land Institute
Member, District XII (Union County) Ethics Committee (1993-1997)
Member, District XII (Union County) Fee Arbitration Committee (1998-2002)
Chair, District V-A (Essex County) Fee Arbitration Committee (2010-2011)
Member, New Jersey Hotel and Multiple Dwelling Health and Safety Board (1989-present)