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Author Archive
Stuart Lieberman
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NJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6

By | Published September 15, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

By | Published June 23, 2014 | Posted in Appeals, Coastal & Waterfront Development, Condemnation, Wetlands | Tagged Tags: , , , , , | Leave a comment

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More

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Law Division Dismisses Complaint Regarding Planning Board Jurisdiction in Commercial Development

By | Published May 20, 2014 | Posted in Community Associations, Development, Homeowner Associations | Tagged Tags: , , , , , | Leave a comment

The New Jersey Law Division dismissed in March 2014 the complaint of Pavilion Homeowners Assn. v. Brick Twp. Planning Board, Law Div. (Ocean County) (Grasso, A.J.S.C.) (10 pp.), regarding a proposal to construct a Roy Rogers restaurant in the Township. The Court was faced with deciding whether or not the defendant’s notice to nearby owners Read More

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Appellate Division Takes Victory in Wetlands Takings Case from the State

By | Published April 23, 2014 | Posted in Development, Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), Redevelopment, Wetlands | Tagged Tags: , , , | Leave a comment

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More

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Appellate Division Rules in Favor of Defendants in Condo Association Rent Recievership Case

By | Published April 2, 2014 | Posted in Appeals, Condominium Associations, Homeowner Associations, Litigation | Tagged Tags: , , | Leave a comment

In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the New Jersey Appellate Division addressed the issue of rent receivership in the community association context. Generally, a community association seeks the appointment of a receiver so that it can rent out a vacant unit and use the proceeds to pay overdue assessments, which was Read More

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NJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case

By | Published April 1, 2014 | Posted in Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , , | Leave a comment

Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More

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Court Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval

By | Published March 12, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: , , , , , , , | Leave a comment

In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More

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Court Rules in Favor of Community Association Business Judgment Rule

By | Published February 24, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: , , , | Leave a comment

The New Jersey Appellate Division recently addressed a community association case, Apple Ridge Condominium Association v. Rodgers, in which a unit owner alleged that the Association caused him to be rejected for a reverse mortgage on his condominium by engaging in bad faith through its involvement in a lawsuit with a group of fee simple Read More

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Condo Association Not Liable for Icy Sidewalk Fall

By | Published February 14, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: , , , , | Leave a comment

Icy Sidewalks Find an Audience with the Appellate Division Winter is in full effect. With sidewalks covered in snow, falls on ice are occurring throughout the state. Community associations concerned about their liability regarding these falls can refer to the recent Appellate Division decision in Cuiyun Qian v. Toll Bros. The plaintiff resided with her Read More

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NJ Appellate Division Addresses Spoliation of Evidence in Recent Decision

By | Published January 24, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , | Leave a comment

Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More

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71 - 80 of 123
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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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