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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 standing to challenge a local planning board’s approval for a neighboring property.  The syllabus and opinion for this case, Cherokee LCP Land, LLC v. City of Linden Planning Bd. (A-82-16) (079146), may be found here: http://appellatelaw-nj.com/wp-content/uploads/2018/08/Cherokee-LCP-Land-LLC-v.-Linden-Planning-Bd..pdf. 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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L&B Reflects on the Legacy of Environmental Activist Jane Tousman

Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she Read More

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Marlboro Planning Board Rejects Developers Application

The Marlboro Planning Board voted last Wednesday night to deny a developer’s application to build a large-scale affordable housing project due to environmental constraints. In particular, the Board expressed concerns over the stormwater system proposed to service the runoff on the property. According to State law concerning runoff, a stormwater system must absorb all of Read More

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New DEP Permit Rules will Simplify Sandy Recovery Efforts

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

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

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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NJDEP "Waiver Rule" Upheld by Appellate Court

On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More

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Billboards: A Constitutional Battleground

As Justice Byron White brought to our attention, “[e]ach method of communication has its own set of laws, and we deal here with the law of billboards.” This “law of billboards” seeks to resolve the confluence between the First Amendment and the billboard, a particularly unique means of expression–especially in our ever increasingly technical society 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

On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring
Read More
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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