Frank J. Vitolo, a Member of the Sills Cummis & Gross Real Estate Department and Co-Chair of the Firm’s Land Use Practice Group, is a recognized leader in planning, zoning and redevelopment law. His practice is state-wide and he has served as lead development counsel for many of the region’s major real estate projects, including the planning and redevelopment of M-Station Morristown – Sanofi and Deloitte’s new headquarters in New Jersey, Valley Bank’s new New Jersey headquarters, and RH’s new furniture gallery, restaurant and wine bar in Morris Township.

Mr. Vitolo has successfully litigated numerous land use appeals. He has also obtained favorable outcomes for clients involved in complex partnership and real estate disputes, and won dismissal of product liability and consumer fraud actions in federal and state courts.

Over the past five years, Mr. Vitolo has developed a cannabis practice, including obtaining approvals for cultivation, manufacturing, and retail businesses in Jersey City, Morristown and Vernon, New Jersey, among other places. He has also litigated several cannabis disputes in this burgeoning field.

Mr. Vitolo has practiced law in New Jersey and New York for over twenty-five years. Before returning to New Jersey in 2003, where Mr. Vitolo was born and raised, he practiced law at a prominent Washington, D.C. law firm.

Practices

  • Real Estate
  • Real Estate Development and Redevelopment
  • Zoning and Land Use
  • Cannabis

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Representative Matters

  • Land Use
    • Obtained redevelopment and site plan approvals for SJP Properties to construct M-Station in downtown Morristown. Deloitte is the anchor tenant in this 275,000 sq. ft. mixed-use office complex that includes a new traffic roundabout, on-site parking and pedestrian amenities.  In 2020, the M-Station project was awarded “Office Deal of the Year” by NAIOP New Jersey.
    • Obtained redevelopment approvals and long-term tax abatement (a/k/a PILOT) for Restoration Hardware to restore the historic Alnwick Hall in Morris Township, and construct a new RH furniture gallery, restaurant and wine bar.
    • Obtained redevelopment and site plan approvals for the Hampshire Companies to construct in Morristown an 85-unit “Live-Work” apartment building that will incorporate movable walls which will allow apartment owners to transform their work spaces into residences and vice versa.
    • Obtained approvals for other multi-family and commercial projects in Morristown, Morris Township, Hoboken, Rockaway and Jersey City.
  • Litigation
    • Lead trial counsel for aircraft engine manufacturer Continental Motors in defense of a suit alleging breach of contract/warranty and defective manufacture.  Following a two-week trial, the jury returned a defense verdict in CMI’s favor (zero Plaintiffs’ recovery).  He was also successful in defeating each of Plaintiffs’ appeals.
    • Lead counsel on behalf of software-as-a-service provider in multi-million dollar AAA Arbitration proceeding in which client alleged breach of contract and fraud.
    • Lead counsel in prerogative writ action on behalf of developer that resulted in “whispering woods” settlement entitling client to construct apartment project over existing retail center.
    • Outside counsel for well-known New York software developer in contract litigations and intellectual property matters.

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York

Newsroom

In the News

Presentations

Rankings and Recognition

  • Selected for inclusion in:
  • The Best Lawyers in America®* 2025, Real Estate Law
  • ROI-NJ* "ROI Influencers: Real Estate" 2020-2024
  • New Jersey Super Lawyers®* "Rising Stars" 2009-2015, Real Estate Law
  • Received Office Deal of the Year, M-Station, Land Use Counsel Award from NAIOP NJ in 2020.
  • Received Exemplary Private Sector Leader Non-Profit Excellence Award from the Morris County Chamber of Commerce in 2015.
  • Received Founders Award from Table of Hope (formerly Spring Street CDC) in 2024.
  • Received Advocate in Action Award from Cohome in 2023.

* See Award Methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Affiliations

  • Advisory Board Member, Rutgers Center for Real Estate

  • President of the Board of Trustees, Morris Arts (2012–Present)

  • Chairman of the Board of Trustees, Morristown Partnership, (2013-2019)

  • Vice Chairman of the Board of Trustees, Spring Street CDC (now Table of Hope) (2014-2019)

  • Board Member, Morristown Beautiful (2016-2018)

  • Commissioner, Morristown Housing Authority (2012-2016)

  • Candidate for Morristown Town Council (2009)


Education

  • J.D., George Washington University Law School
  • B.A., Boston College, magna cum laude, Phi Beta Kappa

Bar Admissions

  • New Jersey
  • New York