By Erica Peralta | Published January 17, 2024 | Posted in Appellate Practice | Tagged Tags: Appellate decision, Easements, NJDEP Permits, Real Estate, Wetlands | Comments Off on Appellate Court upholds easement determination but declines to address conditions of permit
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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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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
Read MoreAppeals 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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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
Read MoreTHE 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 LEXIS 1634, an unpublished Appellate decision decided last week, a developer submitted an application to build a hotel.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
Read MoreAppeals 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
Read More“AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS
A recent unreported New Jersey Appellate Division decision highlights a seller’s responsibility to disclose real estate defects and the limits of “as is” clauses. In that case, Battaglia v. Aversa, 2023 N.J. Super. Unpub. LEXIS 1576, the plaintiff purchased a home. The home inspection did not reveal any potential water issues. The contract explicitly stated Read More
Read MoreLaw Firm Stops Franklin Township Two Warehouse Proposal
Lieberman Blecher & Sinkevich has prevailed in its effort to block a warehouse proposal in Franklin Township, Somerset County, New Jersey. The project, referred to as the “B9” application, was to construct two warehouses near and along what the Township refers to as a scenic corridor. On September 26, 2023 the Franklin Township Planning Board Read More
Read MoreLead-Based Paint Inspections in Rental Dwellings
Lead is a naturally occurring element that is widely used in many products including gasoline, cosmetics, and paint. Lead-based paint is usually not hazardous if it is in good condition. However, paint that is peeling, chipped, cracked, or in some way damaged or lead dust, that forms when lead paint is scraped, sanded or heated, Read More
Read MoreSLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT
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