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Stuart Lieberman
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NJ Supreme Court Judge Rules Two-Step Process Required for Eminent Domain Zoning Changes

In a recent New Jersey Supreme Court decision entitled Borough of Saddle River v. 66 East Allendale, LLC the Court addressed whether “it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable Read More

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NJSBA to Hold “Land Contamination and Real Estate” Program

The New Jersey State Bar Association (NJSBA) is hosting a CLE program on Wednesday, November 13, 2013 entitled “Land Contamination and Real Estate.” This program will feature speaker Johnston (Jack) Huntress, of Environmental Data Resources. The program will focus on environmental property due diligence that originated in the 1980’s and the progress made to present Read More

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Supreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees

The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More

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L&B Helps Nonprofit Resolve Stormwater Management Violations

Save Hamilton Open Space, a nonprofit organization dedicated to preserving undeveloped land in Hamilton, New Jersey, filed a lawsuit against the township last month. The organization is suing the township over a years-long violation of the Stormwater Management Act occurring in a residential sub-development known as Christopher Estates. The Estates were developed using a poorly Read More

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NJ Appellate Division Rules Spill Act Subject to 6-Year Statute of Limitations

In a decision that may upset decades of environmental remediation litigation in New Jersey, the Appellate Division held recently that the catch-all six-year statute of limitations for damages to property found in N.J.S.A. 2A:14-1 applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). In Morristown Assocs. v. Grant Oil Read More

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NJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits

Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More

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NJDEP Announces Emergency Recovery Permit Rules Now Official

On June 20, 2013, the Christie Administration announced that they have officially adopted rules that simplify the permitting process for certain types of recovery projects relating to Superstorm Sandy. The Administration had implemented some of these rules as an emergency in April 2013, but now they are being formally implemented into the recovery requirements. The Read More

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Public Entities Ruled Not Liable for Actions of Their Public Employees

In an expansion of governmental tort immunity, the New Jersey Appellate Division recently ruled in Turner v. Township of Irvington that public entities cannot be held liable for a 9-1-1 operators’ conduct regardless of their level of culpability. The 9-1-1 operator at issue acted with willful and wanton conduct when they were the cause of Read More

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Happy Historic Preservation Month

May is Historic Preservation month in New Jersey, and the 23rd Annual Preservation awards were just presented by the State Historic Sites Council. Congratulations to the award recipients! See the original release with the list of winners from the New Jersey Department of Environmental Protection here. The preservation process is one that entails planning, patience, Read More

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New Online Services Announced to Accelerate Applications for Permits and Public Notifications

In an effort to continue reducing red tape and delays in vital Sandy rebuilding and recovery projects, the New Jersey Department of Environmental Protection (NJDEP) announced May 9, 2013, that a new series of online services has been launched. These services are aimed to streamline and digitize the permit application and public notification process. Both 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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