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Trial Court Reverses WAWA Application

A Camden County Judge has reversed a Planning Board decision to allow a WaWa store to be constructed in Winslow Township.   The lawsuit is entitled S&N Multani et al v. Winslow Township Planning Board, et al, Docket Number CAM-L_1281-21. At issue is whether a combined gasoline retail station/ and mini-market operation was allowed by local Read More

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Meadowlands revised master plan upheld

On January 27, 2022, a decision was made by the Superior Court Appellate Division on In the Matter of New Jersey Sports and Exposition Authority Resolution 2020-07, Adopting the Hackensack Meadowlands District Master Plan Update 2020. The New Jersey Sports and Exposition Authority (“NJSEA”) was formed to adopt and implement a master plan for the Read More

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The Friendly Neighborhood Scheme

You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that applies to all the homes on the street, helps make sure the neighborhood looks consistent and uniform throughout. But then, a new neighbor comes in, Read More

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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval. In Old Tennent Cemetery Association v. Township of Manalapan Planning Board, Docket No. A-2961-19 (App. Div. Oct. 20, 2021), Old Tennent Cemetery Association appealed the dismissal Read More

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RLUIPA lawsuits and free beach parking

RLUIPA defense counsel took note of a Florida case earlier this year that questioned whether free beach access constituted a sincerely held religious belief under the RLUIPA statute. The case, encaptioned Pass-A Grille Beach Community Church Inc. v. City of St. Pete Beach concerned a municipal challenge to a church’s evangelical practices that occurred while Read More

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Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of Bay Head’s decision to grant a certificate of pre-existing non-conformity, declaring that a backyard accessory structure had plumbing in it for years prior to Read More

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Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds

In Shipyard Assocs., LP v. City of Hoboken, 242 N.J. 23 (2020), the Supreme Court held that the City of Hoboken could not block a waterfront residential development by enacting two new zoning ordinances within two years of the development’s final approval. In 2012, Shipyard Associates received final approval from the Hoboken Zoning Board to Read More

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RLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community

In December 2020, the Southern District of New York filed a lawsuit under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the Village of Airmont. The suit alleges that the Village has been discriminating against the Orthodox Jewish community via its recent zoning regulations enacted in 2018. RLUIPA was signed into law in Read More

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Appellate Court Doesn’t Buy Arguments from East Brunswick Used Car Salesmen, Requires Variance

The Appellate Division rejected an East Brunswick car wrecking business’s attempts to keep selling used cars without a use variance, holding it was not a preexisting nonconforming use, in Hidden Oak Woods, LLC v. P&F Giancola, d/b/a Giancola Wrecking and Auto Sales, 2021 N.J. Super. Unpub. __ (App. Div. 2021), Docket No. A-2704-19. Property owners Read More

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Piscataway community members challenge Zoning Board variance approval of giant warehouse development in residential zone

Warehouse development is a controversial arena in the State of New Jersey. The most densely populated state in the country has little open and natural space to spare, yet that very population’s online purchases necessitate more and more facilities for product storage and distribution. The industry, which was already growing thanks to services such as Read More

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Recent Blog Posts

Lieberman Blecher and Historic Paulus Hook Association Successfully Save Historic Jersey City Buildings from Demolition

Lieberman Blecher & Sinkevich, P.C. successfully represented the Historic Paulus Hook Association before the Jersey City Zoning Board on June 7, protecting two historic buildings from demolition. In 2018, St. Peter’s
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Lieberman Blecher and Historic Paulus Hook Association Successfully Save Historic Jersey City Buildings from Demolition

Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
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Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

It Depends on the Language – The Non-Disparagement Clause

How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division
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It Depends on the Language – The Non-Disparagement Clause

DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
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DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

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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  • 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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