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“AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS

By | Published October 6, 2023 | Posted in Real Estate | Comments Off on “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

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Law Firm Stops Franklin Township Two Warehouse Proposal

By | Published September 29, 2023 | Posted in Land Use | Tagged Tags: , , , , , , , , , | Comments Off on Law 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

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Lead-Based Paint Inspections in Rental Dwellings

By | Published September 19, 2023 | Posted in Uncategorized | Tagged Tags: | Comments Off on Lead-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

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SLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT

By | Published September 18, 2023 | Posted in SLAPP Suits | Tagged Tags: , , , , , , , , , | Comments Off on SLAPPING 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

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Appeals Court upholds decision to deny variance request for easement under Green Acres

By | Published August 10, 2023 | Posted in Appellate Practice | Comments Off on Appeals 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

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Appeals Court upholds decision to essentially eliminate Jersey City’s Historic Preservation Process

By | Published August 10, 2023 | Posted in Historic Preservation | Comments Off on Appeals 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

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Appeals Court upholds decision to deny hardship variance due to lack of evidence

By | Published August 10, 2023 | Posted in Appellate Practice | Comments Off on Appeals 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

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APPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP

By | Published August 8, 2023 | Posted in DEP Environmental Justice Program | Tagged Tags: , , , , , , , , | Comments Off on APPELLATE 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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SLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION

By | Published July 18, 2023 | Posted in SLAPP Suits | Tagged Tags: , , , , | Comments Off on SLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION

This week, Governor Murphy signed into law Senate Bill S2802, known as the “Uniform Public Expression Protection Act,” (the “Act”) adding New Jersey to the list of over 30 states that have adopted Anti-SLAPP legislation. A “Strategic Lawsuit Against Public Participation” (“SLAPP lawsuit”) is a strategic maneuver wherein a civil suit is brought against an Read More

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US Supreme Court Curtails Reach of the Clean Water Act

By | Published June 1, 2023 | Posted in Environmental & Natural Resources | Tagged Tags: , , | Comments Off on US Supreme Court Curtails Reach of the Clean Water Act

In a widely publicized decision published last week, the United States Supreme Court (“SCOTUS”) held that Environmental Protection Agency (“EPA”) authority to regulate wetlands of the United States pursuant to the federal Clean Water Act (CWA) extends only to wetlands that are indistinguishable from waters of the United States. In that case, Sackett v. EPA, 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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