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Noah Botwinick
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MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS

In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an actionable private nuisance. In that case, Ursitti v. Wilson, 2024 N.J. Super. Unpub. LEXIS 197, the defendants lived on and operated a business out of a Read More

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“AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS

A recent unreported New Jersey Appellate Division decision highlights a seller’s responsibility to disclose real estate defects and the limits of “as is” clauses. In that case, Battaglia v. Aversa, 2023 N.J. Super. Unpub. LEXIS 1576, the plaintiff purchased a home. The home inspection did not reveal any potential water issues. The contract explicitly stated Read More

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SLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT

With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More

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APPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP

In an important decision decided last week, the New Jersey Appellate Division held that interested parties seeking adjudicatory hearings before the DEP can petition the DEP to rule on the request within thirty days. The case, Musconetcong Watershed Ass’n v. N.J. Dep’t of Envtl. Prot., 2023 N.J. Super. LEXIS 81, was initiated when Hampton Farm, Read More

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SLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION

This week, Governor Murphy signed into law Senate Bill S2802, known as the “Uniform Public Expression Protection Act,” (the “Act”) adding New Jersey to the list of over 30 states that have adopted Anti-SLAPP legislation. A “Strategic Lawsuit Against Public Participation” (“SLAPP lawsuit”) is a strategic maneuver wherein a civil suit is brought against an Read More

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US Supreme Court Curtails Reach of the Clean Water Act

In a widely publicized decision published last week, the United States Supreme Court (“SCOTUS”) held that Environmental Protection Agency (“EPA”) authority to regulate wetlands of the United States pursuant to the federal Clean Water Act (CWA) extends only to wetlands that are indistinguishable from waters of the United States. In that case, Sackett v. EPA, Read More

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Court Affirms Tenants Obligation to Pay Rent Despite Covid-19 Executive Orders

A recent decision by the Superior Court of New Jersey’s Appellate Division demonstrates how strictly courts will construe lease provisions, even in the face of a pandemic and a strict executive order directly affecting the subject of the lease. In that case, Washington-Hudson Assocs. II v. Town Sports Int’l Holdings, 2023 N.J. Super. Unpub. LEXIS Read More

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Court Upholds Township Board’s Development Application Approval Following a Challenge by an LLC from a Neighboring Borough

This week, in an unpublished decision, the Superior Court of New Jersey’s Appellate Division upheld the North Bergen Board of Adjustment (“Board”)’s approval of an application for development of property in North Bergen after it was challenged by an LLC from a neighboring town (“Plaintiff”). In Riverside Dev. Studies Llc v. N. Bergen Bd. of Read More

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Governor Murphy Announces Plan to Require 100% Clean Energy and All-Electric Cars by 2035

This week, Governor Murphy signed Executive Order No. 315, accelerating New Jersey’s goal of reaching 100% clean energy in the state by the year 2035. The State had previously declared a goal of reaching this target by the year 2050. The Governor also announced that it is initiating the process to adopt Advanced Clean Cars Read More

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Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim

Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision. In that case, Boyle v. Huff, 2023 N.J. Super. Unpub. LEXIS 85, a trustee (Plaintiff) who had been kicked off a condo association’s board filed 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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