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Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

By | Published February 24, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , , | Comments Off on Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

In Kaja v. Borough of West Long Branch Planning Board, 2025 N.J. Super. Unpub. LEXIS 171, a recent unreported Appellate Division decision, the Court upheld the Borough of West Long Branch Planning Board’s (the “Board”) decision to deny the plaintiff’s application to subdivide his single-family residential property and to construct a second single-family home. In Read More

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Board Rejects Controversial Apartment Plan Due to Community Impacts, Traffic, and Environmental Issues

By | Published February 13, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , | Comments Off on Board Rejects Controversial Apartment Plan Due to Community Impacts, Traffic, and Environmental Issues

Union Township’s Planning Board recently rejected a proposal for an 11-unit apartment building in the Larchmont section, located at 1005 Larchmont Road, near the Morris Avenue intersection. The project aimed to replace an existing single-family home with a three-story building featuring 11 apartments and an asphalt parking lot. Although the proposal met most of the Read More

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Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

By | Published January 13, 2025 | Posted in Appellate Practice, Environmental Litigation, Site Remediation | Tagged Tags: , , , , , , , | Comments Off on Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

The Appellate Division emphasized in an unreported decision the standard of methodology-based testimony that experts must demonstrate in order to be deemed reliable and admissible into evidence. In Dorrell v. Woodruff Energy, 2021 N.J. Super. Unpub. LEXIS 397, the Appellate Division reiterated that a party advancing expert testimony must show that the proffered witness has Read More

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New Jersey’s Affordable Housing Law Advances Amid Lawsuit and Political Debate

By | Published January 10, 2025 | Posted in Affordable Housing | Tagged Tags: , , , , , | Comments Off on New Jersey’s Affordable Housing Law Advances Amid Lawsuit and Political Debate

As New Jersey grapples with a housing crisis that mirrors national trends, the state’s updated affordable housing law is moving forward. A key development occurred at the start of 2025 when Mercer County Judge Robert Lougy rejected a motion to delay the implementation of the law, following a lawsuit filed by several municipalities. The ruling, Read More

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Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

By | Published January 6, 2025 | Posted in Environmental Justice, Environmental Litigation, Land Use, Litigation, Zoning | Tagged Tags: , , , , , , | Comments Off on Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

On December 5, 2024, the Pemberton Township Planning Board voted 6-3 to reject an application for an 89-unit residential development, based on environmental concerns brought to the Board by the Pinelands Preservation Alliance, represented by Lieberman Blecher & Sinkevich. The potential developer proposed to place the large residential development at a site off Lakehurst Road Read More

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Court Imposes Massive Penalty for Spoliation of Evidence

By | Published January 6, 2025 | Posted in Appellate Practice, Class Actions, Court Decisions, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , | Comments Off on Court Imposes Massive Penalty for Spoliation of Evidence

An Essex County Judge recently ordered sanctions amounting to almost $850,000 for spoliation of evidence. The underlying action, Salerno Medical Associates v. Shukla, involved allegations of stolen proprietary information with the intention to open a competing revenue cycle management company.  While the trial court judge ultimately did not find that the plaintiffs proved by a Read More

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Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

By | Published January 2, 2025 | Posted in Appellate Practice, Governmental Tort Immunity, Land Use, Litigation, Real Estate, Zoning | Tagged Tags: , , , , , , | Comments Off on Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

A recent unreported Appellate Division decision emphasizes the detail required in zoning board resolutions.   In that case, American Outdoor Adver., LLC v. Edison Twp. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2977, the Edison Township Zoning Board denied a billboard company’s application for preliminary and final site plan approvals and conditional use and Read More

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Redevelopment versus Remediation: Which Goes First?

By | Published December 2, 2024 | Posted in Commercial Real Estate, Land Use, Real Estate, Site Remediation | Tagged Tags: , , , , | Comments Off on Redevelopment versus Remediation: Which Goes First?

In a recent unreported Appellate Division decision, Beazer E., Inc. v. Morris Kearny Assoc. Urban Renewal, LLC, the court addressed a dispute over a plaintiff’s right to access a defendant’s property to install groundwater-monitoring wells under the New Jersey Access Statute. The case provides insights into the balance between site remediation and commercial redevelopment. The Read More

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Court Sends Board of Adjustment Back to Work on Inadequate Resolution

By | Published October 28, 2024 | Posted in Uncategorized | Tagged Tags: , , , | Comments Off on Court Sends Board of Adjustment Back to Work on Inadequate Resolution

A recent unreported Superior Court decision out of the Essex Vicinage shows that the way a Board of Adjustment writes their resolutions matters. In the case, Simmons v. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2170, the Plaintiffs brought an action challenging Newark’s Zoning Board of Adjustment’s grant of a use variance, bulk Read More

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Neighbors Flooding Out Neighbors

By | Published October 28, 2024 | Posted in Climate Change | Tagged Tags: , , , , , | Comments Off on Neighbors Flooding Out Neighbors

In a recent LawlineCLE online course, Stuart Lieberman delivered a lecture entitled “Neighbors Flooding Out Neighbors” to approximately 150 attendees. Lieberman is a founding member of the firm Lieberman, Blecher, & Sinkevich, and has been practicing environmental and land use law for over 30 years. The lecture primarily focused on the recent increase in claims 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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