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David Owen

Of Counsel
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Phone: (973) 744-4000 Ext: 123
Direct: (973) 842-4973
Fax: (973) 783-1524

52 Upper Montclair Plaza
Upper Montclair, New Jersey 07043

David Owen is Of Counsel to Rabner Baumgart Ben-Asher & Nirenberg and concentrates in zoning and land use law. He presents land development applications on behalf of developers and builders (townhouses and apartments), businesses (banks, supermarkets, restaurants, retailers, and physicians), institutional and inherently beneficial uses (houses of worship, hospitals, and senior citizen projects), and residential property owners (new buildings, additions, and appeals of code enforcement decisions). His applications involve:

  • Use variances to allow particular land uses or structures that are ordinarily not permitted in the district;
  • Variances to expand legal non-conforming land uses that are no longer permitted under current zoning regulations but nonetheless require extension or modernization;
  • Conditional use variances to allow land uses that are permitted in the district but that deviate from one or more prescribed specifications;
  • FAR (floor area ratio) variances to increase the percentage of usable floor area permitted in the zone;
  • Density variances to increase the residential density permitted in the zone;
  • Height variances to exceed the height in feet or stories permitted in the zone;
  • Setback, coverage, and other dimensional variances;
  • Parking space deficiency variances;
  • Site plan applications for approval of new or expanded commercial buildings, including interior elements such as floor plans and exterior elements such as building elevations, grading, drainage, parking, and landscaping;
  • Subdivision applications to create an increase in the number of building lots;
  • Development of non-conforming lots;
  • Issues related to historic preservation;
  • Issues related to land title, property survey, and easements; and
  • State, county, and municipal permits and approvals associated with the development of real property.

David seeks to prevail in land development applications by:

  • Investigating the facts, identifying the legal issues, and thoroughly preparing you and your expert witnesses to present your best case for you;
  • Working as a team with well-respected experts in architecture, landscape architecture, engineering, traffic engineering, planning, and other professions regularly involved in land development applications;
  • Utilizing our real estate and litigation attorneys as necessary to purchase your property, assist in the legal presentation of your application, and uphold your land use approvals on appeal to the courts; and
  • Bringing regular experience, demonstrated success, and commitment to you in land development applications.

David offers legal guidance through the entire application process, and he enjoys the unique challenges of each application.

David is a graduate of Duke University summa cum laude and Phi Beta Kappa and received his Juris Doctor from Washington & Lee University Law School, where he was a Robert E. Lee Research Scholar. He prepares and prosecutes zoning and land development applications, with guidance from his clients and expert teams. He enjoys a long, favorable record in land use matters, grounded upon a winning trial record in the New Jersey Courts. He has served as a member of the Bernards Township Zoning Board of Adjustment, the Bedminster Township Zoning Board of Adjustment, Executive Committee of the American Planning Association, and the American Inns of Court Foundation and has lectured on topics in trial practice and legal writing. He is admitted as an attorney in New Jersey and New York.