By Noah Botwinick | Published February 26, 2024 | Posted in Appellate Practice | Tagged Tags: access easement, cameras, easement, monitoring, nuisance, privacy, private nuisance, surveillance, unreasonable interference | Comments Off on MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS
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MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS
In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an actionable private nuisance. In that case, Ursitti v. Wilson, 2024 N.J. Super. Unpub. LEXIS 197, the defendants lived on and operated a business out of a Read More
Read MoreAppellate Court upholds easement determination but declines to address conditions of permit
The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More
Read MoreCannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds
The Cannabis Regulatory Commission properly denied an application for a medical cannabis dispensary permit because the company did not submit sufficient information for each specific category considered in the agency’s application process, the Appellate Division held on December 20 in In the Matter of the Denial of Dispensary Permit Endorsement for Spectrym Consulting Group, LLC, Read More
Read MoreAppeals Court upholds NJDEP’s discretion in an Environmental Rights Act
The Appellate Division recently affirmed all the challenged orders below. In this matter, there are two actions that were consolidation. In the first action, the Township of West Caldwell (“Township”) challenged two orders. The first order awarded Defendants Carant Limited Partnership (“Carant”) and Anthony Pio Costa, III (“Pio”) summary judgment in an action under the 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 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 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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