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MOVING A PIER LOCATION IN NJ CAN CAUSE COMPLICATIONS.

A state appellate court has just upheld a DEP decision denying a homeowner’s application to move a pier by six feet from its prior location. The DEP held, and the Court agreed, that moving the pier resulted in its losing its “legacy status” and therefore new, more restrictive rules apply. The case is entitled Dunn Read More

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THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING

On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More

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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In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an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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First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County

The matter Albert H. Wunsch, III, v. CTE Republicans for Englewood Cliffs, Mark Park, Zhi Liang, Rivka Biecagz, and Penny Rousouli, is currently in the Superior Court of Bergen County. The case concerns candidates in a local public election. Plaintiff instituted the action by way of an order to show cause after asserting that Defendants Read More

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Appellate Court upholds easement determination but declines to address conditions of permit

The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More

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Cannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds

The Cannabis Regulatory Commission properly denied an application for a medical cannabis dispensary permit because the company did not submit sufficient information for each specific category considered in the agency’s application process, the Appellate Division held on December 20 in In the Matter of the Denial of Dispensary Permit Endorsement for Spectrym Consulting Group, LLC, Read More

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Appeals Court upholds NJDEP’s discretion in an Environmental Rights Act

The Appellate Division recently affirmed all the challenged orders below. In this matter, there are two actions that were consolidation. In the first action, the Township of West Caldwell (“Township”) challenged two orders. The first order awarded Defendants Carant Limited Partnership (“Carant”) and Anthony Pio Costa, III (“Pio”) summary judgment in an action under the Read More

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Supreme Court to hear oral arguments regarding EPA smog rule

The Supreme Court issued an order stating that while it would not yet decide whether to block the Environmental Protection Agency’s (“EPA”) smog rule from being effective, it would hear oral arguments on the matter during the upcoming February session. The oral arguments will include four related disputes over whether the EPA can implement a Read More

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THE IMPORTANCE OF PROVIDING PROPER PUBLIC NOTICE IN APPLICATIONS FOR DEVELOPMENT

In Lakewood Realty Assocs. v. Twp. of Lakewood Planning Bd. & Rd Lakewood, 2023 N.J. Super. Unpub. LEXIS 1634, an unpublished Appellate decision decided last week, a developer submitted an application to build a hotel. In the developer’s public notice, the project was described as a hotel and a bank. What the notice did not Read More

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Appeals Court remands decision to exclude expert testimony

The Appellate Division recently remanded the below matter for further consideration by the trial court. Their opinion noted that the trial court should provide a more detailed and complete factor-by-factor analysis of the Daubert factors, bearing in mind the guidance of Rubanick. The lawsuit arises out a derailment of four freight train cars in Paulsboro 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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