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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This week, in an unpublished decision, the Superior Court of New Jersey’s Appellate Division upheld the North Bergen Board of Adjustment (“Board”)’s approval of an application for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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Appeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties

A New Jersey appeals court has affirmed the decision of a New Jersey trial court requiring an industrial establishment to conduct a full environmental remediation at its property. This occurred in the case of Dorine Industrial Park Partnership versus NJ DEP, at al, which was decided on March 6, 2023. At issue was a business 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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When A First Right of Refusal Is Too Late

On December 22, 2022, the Superior Court of New Jersey, Appellate Division decided the case Saadia Square LLC v. SM Logistics Member LLC et. al. This case arises out of a dispute between the parties’ Operating Agreement and the ability to revoke an offer prior to acceptance. The Operating Agreement requires Defendant to offer Plaintiff the right of first refusal to purchase property that Plaintiff intends to sell 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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Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

  This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More

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What to do if a certificate of occupancy has been incorrectly issued?

Town rescinds certificate of occupancy for former motel On January 5, 2023, the Superior Court of New Jersey Appellate Division decided the case Department of Community Affairs, etc v. Kenneth D. Roberts, etc. In this case, Defendant Kenneth D. Roberts appeals from the final decision of the Commissioner of the Department of Community Affairs to suspend his license under the Hotel and Multiple Dwelling Law Read More

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Insurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion

In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More

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Over 100 Reported Cases of Brain Tumors in former Colonia High School Students

There are now 108 people that were diagnosed with brain tumors over the past three decades who have either attended or worked at Colonia High School. A former student is responsible for linking these individuals together. He and his wife both attended high school in the 1990s and both have been diagnosed with rare brain Read More

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Property Manager Charged with Embezzling and Laundering Stolen Funds from NJ Co-op

A Mercer County resident was recently indicted on twelve charges for allegedly embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer County grand jury indicted the subject on charges of first-degree financial facilitation of criminal activity, second degree theft by unlawful taking, second-degree theft by failure Read More

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In The Media

  • 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 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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