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Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

By | Published October 4, 2021 | Posted in DEP Environmental Justice Program, Environmental & Natural Resources, Environmental Cleanup Cost Recovery, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Comments Off on Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

For years many New Jersey lawyers understood that the mere storage of petroleum was not an abnormally dangerous activity. That is an important concept because those who engage in abnormally dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More

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RLUIPA lawsuits and free beach parking

By | Published October 4, 2021 | Posted in Beaches & Coast, Clean Beaches, Environmental & Natural Resources, Land Use | Tagged Tags: , , , , , | Comments Off on RLUIPA lawsuits and free beach parking

RLUIPA defense counsel took note of a Florida case earlier this year that questioned whether free beach access constituted a sincerely held religious belief under the RLUIPA statute. The case, encaptioned Pass-A Grille Beach Community Church Inc. v. City of St. Pete Beach concerned a municipal challenge to a church’s evangelical practices that occurred while Read More

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Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

By | Published September 28, 2021 | Posted in Land Use, Planning, Zoning | Tagged Tags: , , , , | Comments Off on Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of Bay Head’s decision to grant a certificate of pre-existing non-conformity, declaring that a backyard accessory structure had plumbing in it for years prior to Read More

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Environmental Hearing Requests by Third Parties: An Update

By | Published September 15, 2021 | Posted in Environmental Litigation, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , | Comments Off on Environmental Hearing Requests by Third Parties: An Update

In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third Read More

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Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds

By | Published September 8, 2021 | Posted in Coastal & Waterfront Development, Development, Land Use, Planning, Zoning | Tagged Tags: , , , | Comments Off on Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds

In Shipyard Assocs., LP v. City of Hoboken, 242 N.J. 23 (2020), the Supreme Court held that the City of Hoboken could not block a waterfront residential development by enacting two new zoning ordinances within two years of the development’s final approval. In 2012, Shipyard Associates received final approval from the Hoboken Zoning Board to Read More

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Long standing land use attorney Michele Donato joins Princeton’s Lieberman Blecher & Sinkevich as “of counsel”

By | Published August 19, 2021 | Posted in Firm News, Newsletters | Tagged Tags: , , , , | Comments Off on Long standing land use attorney Michele Donato joins Princeton’s Lieberman Blecher & Sinkevich as “of counsel”

The law firm of Lieberman, Blecher & Sinkevich is  proud to announce that Michele R. Donato, Esq. has become Of Counsel with their firm. Ms. Donato has specialized in land use, historic preservation and environmental law throughout her career.  The Of Counsel relationship with the Lieberman Blecher and Sinkevich affords both groups an excellent opportunity Read More

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RLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community

By | Published August 19, 2021 | Posted in Land Use, Planning, Zoning | Tagged Tags: , , , , | Comments Off on RLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community

In December 2020, the Southern District of New York filed a lawsuit under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the Village of Airmont. The suit alleges that the Village has been discriminating against the Orthodox Jewish community via its recent zoning regulations enacted in 2018. RLUIPA was signed into law in Read More

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Governor Murphy signs three new bills into law with goal of combating lead exposure

By | Published August 3, 2021 | Posted in Drinking Water, Lead Exposure | Tagged Tags: , , , , | Comments Off on Governor Murphy signs three new bills into law with goal of combating lead exposure

As part of his Administration’s continued efforts to reduce lead exposure for residents across the State, Governor Murphy recently signed three bills into law. These new pieces of legislation work together to increase the testing and remediation requirements for lead-based paints and service lines made of lead parts. The first new law requires increased inspections Read More

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DEP to pursue cleanup of Lower Hackensack River

By | Published August 2, 2021 | Posted in DEP Environmental Justice Program, Environmental & Natural Resources, National Environmental Policy Act (NEPA), New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , | Comments Off on DEP to pursue cleanup of Lower Hackensack River

Last week, New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced that the DEP will pursue the cleanup of the Lower Hackensack River as a federal Superfund site. This means that, if the designation request is accepted, the DEP will be working with the federal Environmental Protection Agency (EPA) to develop a Read More

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Appellate Court Doesn’t Buy Arguments from East Brunswick Used Car Salesmen, Requires Variance

By | Published August 2, 2021 | Posted in Land Use, Zoning | Tagged Tags: , , , | Comments Off on Appellate Court Doesn’t Buy Arguments from East Brunswick Used Car Salesmen, Requires Variance

The Appellate Division rejected an East Brunswick car wrecking business’s attempts to keep selling used cars without a use variance, holding it was not a preexisting nonconforming use, in Hidden Oak Woods, LLC v. P&F Giancola, d/b/a Giancola Wrecking and Auto Sales, 2021 N.J. Super. Unpub. __ (App. Div. 2021), Docket No. A-2704-19. Property owners Read More

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Our Attorneys

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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