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Author Archive
Noah Botwinick
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Litigation Over Zoning Variances to Reconstruct Oceanfront Home in Brick Township

By | Published February 25, 2026 | Posted in Uncategorized | Comments Off on 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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5G Cell Tower Infrastructure And What It Means For New Jersey Communities

By | Published November 24, 2025 | Posted in Land Use | Tagged Tags: , , , , , , , , | Comments Off on 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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APPELLATE DIVISION UPHOLDS CONDO UNIT OWNER’S RIGHT TO REPAIR COMMON ELEMENTS

By | Published November 12, 2025 | Posted in Condominium Associations | Tagged Tags: , , , , , , | Comments Off on 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    In that unpublished case, Ronald Schecter v. Society Hill East Condominium Association, Inc., Docket No. A-2687-23 (October 2025), the plaintiff Read More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 Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

By | Published August 28, 2025 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , , | Comments Off on Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

By | Published August 27, 2025 | Posted in Environmental Law | Tagged Tags: , , , , , , , , , | Comments Off on Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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New Jersey District Court Addresses Relevance of PFAS Toxicity Evidence Under New Jersey’s Water Pollution Control Act

By | Published June 16, 2025 | Posted in Environmental Law | Tagged Tags: | Comments Off on New Jersey District Court Addresses Relevance of PFAS Toxicity Evidence Under New Jersey’s Water Pollution Control Act

Per- and polyfluoroalkyl substances, commonly known as “PFAS” or “forever chemicals,” are a family of manmade chemical compounds that are highly resistant to heat, water, oil, and degradation. These properties led to their widespread use in products like Teflon, stain-resistant fabrics, firefighting foam, pesticides, and food packaging. Once released into the environment—whether through industrial discharges, Read More

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Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

By | Published January 2, 2025 | Posted in Appellate Practice, Governmental Tort Immunity, Land Use, Litigation, Real Estate, Zoning | Tagged Tags: , , , , , , | Comments Off on Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

A recent unreported Appellate Division decision emphasizes the detail required in zoning board resolutions.   In that case, American Outdoor Adver., LLC v. Edison Twp. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2977, the Edison Township Zoning Board denied a billboard company’s application for preliminary and final site plan approvals and conditional use and Read More

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ARBITRATION CLAUSE UNENFORCEABLE DUE TO LACK OF CLARITY, APPELLATE DIVISION FINDS

By | Published June 21, 2024 | Posted in Arbitration Clause, Uncategorized | Tagged Tags: , , , , , | Comments Off on ARBITRATION CLAUSE UNENFORCEABLE DUE TO LACK OF CLARITY, APPELLATE DIVISION FINDS

A recent unreported Appellate Division decision highlights the importance of clarity in drafting binding arbitration clauses. In that case, Vill. Courtyard Condo. Ass’n, Inc. v. 68-72 Franklin Place, LLC, 2024 N.J. Super. Unpub. LEXIS 1184, the bylaws of a residential development contained the following arbitration clause: “In the event of internal disputes arising from the Read More

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

By | Published February 26, 2024 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , | Comments Off on 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

By | Published October 6, 2023 | Posted in Real Estate | Comments Off on “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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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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