By Michael Sinkevich | Published October 9, 2012 | Posted in Appeals, Beaches & Coast, Coastal & Waterfront Development, Development, Environmental Issues, Environmental Litigation, Land Use, Litigation | Leave a comment
On September 28, 2012, the Appellate Division rendered a decision in Chiesa v. D. Lobi Enterprises, Inc., relying extensively upon the seminal 2005 beach access case, Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, Inc., 185 N.J. 40 (2005), argued by Lieberman Blecher & Sinkevich’s own Stuart Lieberman. Raleigh Avenue Beach Ass’n held that upland Read More
Read MoreIn an earlier blog post this July, we reviewed recent hydraulic fracturing (or “fracking”) developments in New Jersey and New York. The legal and political landscape concerning fracking continues to evolve, including in Trenton, where, on September 21, 2012, New Jersey Governor Chris Christie vetoed bill A-575—a proposal to ban wastewater and other hydraulic fracturing Read More
Read MoreIn Mullen v. The Ippolito Corporation, a recent published decision rendered by the Appellate Division of the New Jersey Superior Court, the owners of a single-family home adjacent to a pre-existing nonconforming motel were allowed to move forward with their action in lieu of a prerogative writ that sought mandamus relief against the Borough of Read More
Read MoreOn August 10, 2012, the Appellate Division of the New Jersey Superior Court ruled in favor of a firm client, the Borough of Union Beach, reversing a decision of a Monmouth County trial court from April 2011. The specific issue on appeal in this litigation concerned a December 2010 decision by the Union Beach Planning Read More
Read MoreOn June 25, 2012, the New Jersey Senate passed bill A-575 by a vote of 30-5 that would prevent hydraulic fracturing waste from entering New Jersey. While New Jersey does not have the large pockets of natural gas found in neighboring Pennsylvania, no rules or laws have been enacted in New Jersey regarding the acceptance Read More
Read MoreAs everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012. As of May 7, 2012, all Read More
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