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Category Archive
Redevelopment
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Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

By | Published October 24, 2017 | Posted in Environmental Issues, Redevelopment | Leave a comment

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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Appellate Division Takes Victory in Wetlands Takings Case from the State

By | Published April 23, 2014 | Posted in Development, Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), Redevelopment, Wetlands | Tagged Tags: , , , | Leave a comment

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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Home Buyers, Beware of Environmental Due Diligence

By | Published March 7, 2014 | Posted in Brownfields, Development, Hazardous & Contaminated Site Remediation, Redevelopment, Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

In a recent article appearing in the New Jersey Law Journal, we address the growing obligation for purchasers of residential real estate to conduct reasonable environmental investigations prior to closing on a new home. Read the Article: Home Buyers Beware Our attorneys frequently assist homeowners, real estate professionals and trusts that invest in residential and commercial Read More

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NJ Supreme Court Recognizes Direct Claim for Contribution between Insurers

By | Published November 12, 2013 | Posted in Environmental Cleanup Cost Recovery, Hazardous & Contaminated Site Remediation, Insurance Recovery, Redevelopment | Tagged Tags: , , , , | Leave a comment

The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More

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NJDEP Announces Emergency Recovery Permit Rules Now Official

By | Published June 21, 2013 | Posted in Beaches & Coast, Development, Environmental Issues, Land Use, Redevelopment | Tagged Tags: , , , , , , , , , , | Leave a comment

On June 20, 2013, the Christie Administration announced that they have officially adopted rules that simplify the permitting process for certain types of recovery projects relating to Superstorm Sandy. The Administration had implemented some of these rules as an emergency in April 2013, but now they are being formally implemented into the recovery requirements. The Read More

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Happy Historic Preservation Month

By | Published May 22, 2013 | Posted in Development, Land Use, Redevelopment | Tagged Tags: , , | Leave a comment

May is Historic Preservation month in New Jersey, and the 23rd Annual Preservation awards were just presented by the State Historic Sites Council. Congratulations to the award recipients! See the original release with the list of winners from the New Jersey Department of Environmental Protection here. The preservation process is one that entails planning, patience, Read More

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Facing the Evidence: Spoliation and Social Media

By | Published May 15, 2013 | Posted in Hazardous & Contaminated Site Remediation, Litigation, Permitting, Redevelopment, Toxic Tort & Injury Claims | Tagged Tags: , | Leave a comment

Litigants, be wary! The casual and innocent acts of cleaning your home, disposing of old documents, or even deactivating your Facebook account may be the subject of a lawsuit against you. This is what occurred in Gatto v. United Air Lines, Inc. 10-cv-1090-ES-SCM, in which the plaintiff in a personal injury action deleted his Facebook Read More

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New DEP Permit Rules will Simplify Sandy Recovery Efforts

By | Published April 22, 2013 | Posted in Beaches & Coast, Coastal & Waterfront Development, Development, Environmental Issues, Land Use, Legislation and Rulemaking, Permitting, Planning, Redevelopment | Tagged Tags: , , , , , , , , , , , , , | Leave a comment

The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite Read More

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Post-Sandy Dune Construction: Not So Fast

By | Published April 17, 2013 | Posted in Beaches & Coast, Coastal & Waterfront Development, Development, Land Use, Planning, Redevelopment | Tagged Tags: , , , , , , , , , , , | Leave a comment

Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More

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NJDEP Updates Elevation Standards and Flood Maps

By | Published April 10, 2013 | Posted in Climate Change, Development, Environmental Issues, Land Use, Legislation and Rulemaking, Planning, Redevelopment, Zoning | Tagged Tags: , , , , , , , , | Leave a comment

On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood 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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