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Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits properties that may have environmental issues to go to closing without first accomplishing a cleanup.  This practice is good for the buyer, good for the Read More

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NJDEP Updates Soil Remediation Standards for 19 Contaminants

Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More

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Administrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit

The Supreme Court in Griepenburg v. Ocean Township, 220 N.J. 239 (2015), considered the circumstances under which municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and the Municipal Land Use Law (“MLUL”) goals.  In the late 1990s, Ocean Township, which is bordered by the Read More

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Firm Prosecutes New Jersey Pinelands Violations

Family Seeks to Preserve Pinelands, Property A Township of Medford family filed suit on February 23, 2015 in the Burlington County Superior Court, alleging their neighbors engaged in the improper clearcutting of 11,000 square feet of native vegetation and trees in the protected Pinelands area of New Jersey. According to the lawsuit, filed by Plaintiffs Read More

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Appeals Court: Municipality Cannot Be Forced to Adopt Planning Board Recommendations

What does a governing body do when a municipality’s planning board recommends changes to its master plan?  Does the council have to adopt the changes to the municipal ordinance?  Can the council reject the recommendations?  Or can it simply ignore the planning board altogether?  On January 16, 2015, the Appellate Division’s opinion in in Myers Read More

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The Price Tag to Develop on Preserved Land in NJ May be Going Up

The New Jersey Legislature is considering a bill (S-570) which would result in companies paying more to develop building on public land. The bill proposes that proposed projects on preserved land in the state would be assessed for how much revenue that project would generate. The proposal is intended to help balance the value to Read More

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Appellate Division Affirms Franklin Township Ban on Digital Billboards

The New Jersey Appellate Division recently upheld a decision by Franklin Township, New Jersey to ban digital billboards along a stretch of Interstate 287, while allowing static billboards to be implemented. The Appellate Division determined that no violation of the First Amendment took place as part of the ban, with Judge Marianne Espinosa stating that Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More

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Law Division Dismisses Complaint Regarding Planning Board Jurisdiction in Commercial Development

The New Jersey Law Division dismissed in March 2014 the complaint of Pavilion Homeowners Assn. v. Brick Twp. Planning Board, Law Div. (Ocean County) (Grasso, A.J.S.C.) (10 pp.), regarding a proposal to construct a Roy Rogers restaurant in the Township. The Court was faced with deciding whether or not the defendant’s notice to nearby owners Read More

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Appellate Division Takes Victory in Wetlands Takings Case from the State

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More

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Recent Blog Posts

Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act

On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey
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Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act

NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval

NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have
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NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval

The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose

On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual
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The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose

United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters
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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

In the media

  • 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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