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New Jersey’s Data Center Boom and the Growing Land-Use Challenge

Across New Jersey, data centers are emerging as a significant land-use concern as rising volumes of data, expanding cloud services, and growing digital demand drive developers to seek large development sites. Although these data facilities support the broader data economy, they also occupy land that might otherwise be allocated to housing, open space, commercial activity, Read More

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When Can the State Withhold Legal Training Materials? NJ Court Demands Closer Review

A recent New Jersey Appellate Division decision highlights an important procedural safeguard in public records litigation: courts must independently review documents before accepting a government agency’s claim that they are exempt from disclosure. In Association for Governmental Responsibility, Ethics and Transparency v. New Jersey Office of the Attorney General (on appeal from the Superior Court Read More

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File First, File Fast, or File Nothing: Procedural Lessons from Mitchell v. Township of Willingboro

In litigation, timing is everything. In a recent unpublished decision, Mitchell v. Township of Willingboro, the Appellate Division affirmed dismissal of a prerogative writ action challenging a zoning board’s denial of bulk variances. The opinion is a useful reminder for practitioners handling land use appeals, especially where federal civil rights claims intersect with municipal land Read More

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Litigation Over Zoning Variances to Reconstruct Oceanfront Home in Brick Township

Lieberman Blecher & Sinkevich represents parties in connection with an action in lieu of prerogative writ challenging the approval of bulk and height variances by the Brick Township Zoning Board for the reconstruction of an oceanfront home damaged by Superstorm Sandy. The litigation, which has been reported in local media, challenges the Board’s decision and Read More

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Environmental Justice Review Is Here to Stay in New Jersey Permitting

The New Jersey Appellate Division recently upheld the validity of the environmental justice rules adopted by the New Jersey Department of Environmental Protection (DEP) in In the Matter of the Adoption of N.J.A.C. 7:1C, confirming the agency’s authority to impose heightened permitting requirements on certain facilities located in overburdened communities. The rules implement New Jersey’s Read More

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Understanding Restrictive Deed Covenants in New Jersey: Creation, Requirements, Modification, and Dissolution

Restrictive covenants—sometimes called deed restrictions—are private agreements that limit how real property may be used. In New Jersey, these covenants often appear directly in a deed or in a separate recorded document and can regulate everything from land use to building size to permissible activities on a parcel. Courts recognize them as binding promises that Read More

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5G Cell Tower Infrastructure And What It Means For New Jersey Communities

5G refers to the fifth generation of cellular network technology used by service providers to deliver coverage to their customers. To offer 5G service, providers must construct new cell tower infrastructure. As demand for stronger and more reliable signal coverage continues to grow, carriers have worked to keep pace by building new towers across the Read More

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Real Estate Law Spotlight: Beachfront Property Obstruction in Stone Harbor

When it comes to beachfront property, few things are as prized as an unobstructed view of the ocean. But what happens when neighbors disagree over what “open view” really means? A recent decision from the New Jersey Appellate Division sheds light on how restrictive covenants can shape property rights along the shore. The Case: Gallo Read More

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APPELLATE DIVISION UPHOLDS CONDO UNIT OWNER’S RIGHT TO REPAIR COMMON ELEMENTS

A recent Appellate Division offers important guidance for condominium associations and unit owners, clarifying when a unit owner may step in to make repairs to a common element after an association refuses to act.    In that unpublished case, Ronald Schecter v. Society Hill East Condominium Association, Inc., Docket No. A-2687-23 (October 2025), the plaintiff Read More

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Appellate Court to Developer: No Evidence, No Extension Cape Jetty Appeal Denied

The New Jersey Appellate Division recently issued a decision in Cape Jetty, LLC v. City of Cape May, affirming the Cape May City Planning Board’s denial of Cape Jetty’s request to extend its 2019 site plan approval. Cape Jetty, LLC v. Cape May City Planning Bd., No. A-3934-23 (N.J. App. Div. Nov. 3, 2025). The Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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