By Erica Peralta | Published January 17, 2024 | Posted in Appellate Practice | Tagged Tags: Appellate decision, Easements, NJDEP Permits, Real Estate, Wetlands | Comments Off on Appellate Court upholds easement determination but declines to address conditions of permit
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Appellate Court upholds easement determination but declines to address conditions of permit
The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More
Read MoreLawsuit filed over Florida’s wetlands delegation
Several environment organizations have filed suit challenging the EPA’s relinquishment of control over wetlands in Florida. Many have criticized the manner in which Florida has historically regulated wetlands alleging that the regulation has been shotty resulting in the destruction of many protected wetlands. Control was relinquished by the federal government during the last month of Read More
Read MoreNJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More
Read MoreNJ Appellate Court Invalidates NJDEP Decision on Freshwater Wetlands Violations
The New Jersey Appellate Division has reversed several severe penalties assessed under the Freshwater Wetlands Act and several related statutes, which were levied against an owner of historic property in Lebanon and Washington Townships in New Jersey. The case, which was initially heard before the Office of Administrative Law, was appealed after the NJDEP Commissioner Read More
Read MoreNJ Community Association Liability for Maintenance of Public Sidewalks
Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as Read More
Read MoreRecent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement
Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After Read More
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