By Stuart Lieberman | Published April 2, 2024 | Posted in Environmental Law, Land Use | Tagged Tags: Challenging a DEP permit denial, implications of the Zane Amendment, legacy treatment of pier removal, pier removal, What waterfront permits are required for coastal improvements | Comments Off on MOVING A PIER LOCATION IN NJ CAN CAUSE COMPLICATIONS.
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⟩ MOVING A PIER LOCATION IN NJ CAN CAUSE COMPLICATIONS.
A state appellate court has just upheld a DEP decision denying a homeowner’s application to move a pier by six feet from its prior location. The DEP held, and the Court agreed, that moving the pier resulted in its losing its “legacy status” and therefore new, more restrictive rules apply. The case is entitled Dunn Read More
Read MoreLaw Firm Stops Franklin Township Two Warehouse Proposal
Lieberman Blecher & Sinkevich has prevailed in its effort to block a warehouse proposal in Franklin Township, Somerset County, New Jersey. The project, referred to as the “B9” application, was to construct two warehouses near and along what the Township refers to as a scenic corridor. On September 26, 2023 the Franklin Township Planning Board Read More
Read MoreNational Cancer Institute Launches Studies to Investigate Link Between PFAS and Various Cancers
Perfluorooctanoic acid (“PFOA”) is one of thousands of chemicals in a family known as per- and polyfluoroalkyl substances (“PFAS”). In 2017, the International Agency for Research on Cancer (IARC) identified PFOA as a possible carcinogen in humans. To further science’s understanding of the carcinogenicity of PFAS, the National Cancer Institute’s (“NCI”) Division of Cancer Epidemiology Read More
Read MoreCourt Reverses Hamilton Planning Board Decision Because Alternates Were Improperly Permitted to Cast Votes
In New Jersey, our planning boards and land use boards all consist of regular members as well as alternate members. Alternate members are those members who participate when there is an absence or disqualification of a regular board member. Pursuant to NJSA 40: 55-D23 the question arises, when there is an open position on a Read More
Read MoreAppeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties
A New Jersey appeals court has affirmed the decision of a New Jersey trial court requiring an industrial establishment to conduct a full environmental remediation at its property. This occurred in the case of Dorine Industrial Park Partnership versus NJ DEP, at al, which was decided on March 6, 2023. At issue was a business Read More
Read MoreLieberman Blecher and Sinkevich Announces New Partner and New Associate
Lieberman Blecher & Sinkevich, PC is proud to announce the naming of Ms. Brittany W. DeBord, Esq. as a shareholder. Brittany joined the firm as an associate attorney in 2016, with a focus on environmental law, including litigation, regulatory compliance and permitting, as well as toxic exposure litigation, real estate transactions, and land use matters. Read More
Read MoreVillage of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota
The Superior Court of New Jersey’s Appellate Division recently upheld a board decision to approve the settlement of an application for a conditional use variance and final site plan approval to install a billboard on property along a highway. In Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Read More
Read MorePCBs and other chemicals found in Colonia high school
How is it that PCBs and other cancer causing compounds have been found in Colonia High School? Where is the outrage? Where is the speedy competent response? A mother of a student who is an environmental scientist took samples that revealed that there are unsafe levels of PCBs and other chemicals at a Colonia High Read More
Read MoreCondo Association Is Awarded Monthly Fees and Penalties, but not Counsel Fees
The State Appeals Court has just issued an opinion awarding monthly condominium assessments and some penalties, but reversing a lower court’s sizable award of counsel fees. In Cross Roads Condominium Association v. Cosentino, Appellate Division Docket Number A-3599-20, decided on September 28, 2022, the Court ruled that the trial court did not adequately review the Read More
Read MoreAppellate Division applies rarely used equitable doctrine to preserve HOA
The Superior Court of New Jersey’s Appellate Division recently found that sums owed by a bank to a Homeowners’ Association (HOA) after the bank acquired a portion of a residential community at a foreclosure sale were not discharged despite the sequence of recordation, in direct contravention of New Jersey’s recording statute. In Fulton Bank of Read More
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