By Erica Peralta | Published August 10, 2023 | Posted in Appellate Practice | Comments Off on Appeals Court upholds decision to deny variance request for easement under Green Acres
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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
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 applies rarely used equitable doctrine to preserve HOA
The Superior Court of New Jersey’s Appellate Division recently found that sums owed by a bank to a Homeowners’ Association (HOA) after the bank acquired a portion of a residential community at a foreclosure sale were not discharged despite the sequence of recordation, in direct contravention of New Jersey’s recording statute. In Fulton Bank of Read More
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