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Appellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements

By | Published November 13, 2013 | Posted in Beaches & Coast, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Development, Land Use, New Jersey Department of Environmental Protection (NJDEP), Permitting | Tagged Tags: , , , , , , | Leave a comment

The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More

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NJ Supreme Court Recognizes Direct Claim for Contribution between Insurers

By | Published November 12, 2013 | Posted in Environmental Cleanup Cost Recovery, Hazardous & Contaminated Site Remediation, Insurance Recovery, Redevelopment | Tagged Tags: , , , , | Leave a comment

The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More

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NJSBA to Hold “Land Contamination and Real Estate” Program

By | Published November 7, 2013 | Posted in Hazardous & Contaminated Site Remediation, Land Use, Licensed Site Remediation Professionals (LSRP) | Tagged Tags: , , | Leave a comment

The New Jersey State Bar Association (NJSBA) is hosting a CLE program on Wednesday, November 13, 2013 entitled “Land Contamination and Real Estate.” This program will feature speaker Johnston (Jack) Huntress, of Environmental Data Resources. The program will focus on environmental property due diligence that originated in the 1980’s and the progress made to present Read More

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Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal

By | Published October 22, 2013 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Legislation and Rulemaking, Litigation | Tagged Tags: , , , , , | Leave a comment

On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More

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NJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims

By | Published October 18, 2013 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , , , | Leave a comment

On September 24, 2013, the New Jersey Supreme Court handed down an important insurance case in Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, ____ N.J. ____ (2013) that could change the way that insurance coverage is allocated for environmental claims when dealing with an insolvent insurance carrier. In Read More

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Supreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees

By | Published September 30, 2013 | Posted in Litigation | Tagged Tags: , , | Leave a comment

The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More

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L&B Helps Nonprofit Resolve Stormwater Management Violations

By | Published September 16, 2013 | Posted in Environmental Litigation, Litigation | Tagged Tags: , , | Leave a comment

Save Hamilton Open Space, a nonprofit organization dedicated to preserving undeveloped land in Hamilton, New Jersey, filed a lawsuit against the township last month. The organization is suing the township over a years-long violation of the Stormwater Management Act occurring in a residential sub-development known as Christopher Estates. The Estates were developed using a poorly Read More

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L&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights

By | Published September 16, 2013 | Posted in Administrative Law, Constitutional Law, Lakes & Rivers, New Jersey Department of Environmental Protection (NJDEP), Permitting, Waterfront Property | Tagged Tags: , , , | Leave a comment

Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More

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NJ Appellate Division Rules Spill Act Subject to 6-Year Statute of Limitations

By | Published September 13, 2013 | Posted in Development, Hazardous & Contaminated Site Remediation | Tagged Tags: , , , , | Leave a comment

In a decision that may upset decades of environmental remediation litigation in New Jersey, the Appellate Division held recently that the catch-all six-year statute of limitations for damages to property found in N.J.S.A. 2A:14-1 applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). In Morristown Assocs. v. Grant Oil Read More

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NJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits

By | Published July 31, 2013 | Posted in Community Associations, Condominium Associations | Tagged Tags: , | Leave a comment

Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for 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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