By iebermanblecher | Published November 28, 2023 | Posted in Land Use | Tagged Tags: bad land use notice, deficient land use notice, land use and notice, land use applications require adequate detailed notice, what happens if a land use application contains an inadequate notice | Comments Off on THE IMPORTANCE OF PROVIDING PROPER PUBLIC NOTICE IN APPLICATIONS FOR DEVELOPMENT
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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 LEXIS 1634, an unpublished Appellate decision decided last week, a developer submitted an application to build a hotel.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
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
With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More
Read MoreAppeals Court upholds decision to deny variance request for easement under Green Acres
A recent decision by the Superior Court of New Jersey’s Appellate Division had affirmed the decision of a New Jersey trial court grant of the Defendants’ dismissal of the complaint and motion for summary judgment. Plaintiff’s complaint cited various statutes concerning disability accommodations which were inapplicable given the circumstances. In Julian Leone v. Howell Township, Read More
Read MoreAppeals Court upholds decision to essentially eliminate Jersey City’s Historic Preservation Process
A recent decision by the Supreme Court of New Jersey’s Appellate Division demonstrates how the courts have essentially eliminated Jersey City’s Historic Preservation Review process. In Joseph Berardo v. City of Jersey City, Zoning Board of Adjustment of the City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. Read More
Read MoreAppeals Court upholds decision to deny hardship variance due to lack of evidence
A recent decision by the Superior Court of New Jersey’s Appellate Division had reversed the decision of a New Jersey trial court grant of remand. Plaintiff’s hardship application and hearing failed to provide sufficient evidence for the board to grant a hardship variance. In Ebury Re, LLC, v. Township of Mount Olive Planning Board, Read More
Read MoreAPPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP
In an important decision decided last week, the New Jersey Appellate Division held that interested parties seeking adjudicatory hearings before the DEP can petition the DEP to rule on the request within thirty days. The case, Musconetcong Watershed Ass’n v. N.J. Dep’t of Envtl. Prot., 2023 N.J. Super. LEXIS 81, was initiated when Hampton Farm, Read More
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