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Appellate Court Reverses Lower Court Ruling on Solar Energy Project, Clarifying Zoning Ordinance Interpretations

Gloucester Solar I, LLC recently sought approval to build a commercial solar energy facility in the Business District of Franklin Township. The Township’s zoning ordinance did not explicitly include solar energy facilities as a permitted use in the Business District.  Gloucester argued at a public hearing in front of the Zoning Board that the district Read More

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No Two Ways About It: Neptune Ordinances Properly Protect Historic District of Ocean Grove, Court Holds, Preventing Homeowners from Rebuilding Double Walkways Across Historic Open Space

The Appellate Division rejected a Neptune couple’s argument this February that they should be allowed to tear down and rebuild preexisting nonconforming walkways that traverse a historic open space without approval from the local Historic Preservation Committee (HPC). The Court held in William E. Taylor, IV and Rachel Taylor v. Zoning Board of the Township Read More

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Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

In Kaja v. Borough of West Long Branch Planning Board, 2025 N.J. Super. Unpub. LEXIS 171, a recent unreported Appellate Division decision, the Court upheld the Borough of West Long Branch Planning Board’s (the “Board”) decision to deny the plaintiff’s application to subdivide his single-family residential property and to construct a second single-family home. In Read More

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Board Rejects Controversial Apartment Plan Due to Community Impacts, Traffic, and Environmental Issues

Union Township’s Planning Board recently rejected a proposal for an 11-unit apartment building in the Larchmont section, located at 1005 Larchmont Road, near the Morris Avenue intersection. The project aimed to replace an existing single-family home with a three-story building featuring 11 apartments and an asphalt parking lot. Although the proposal met most of the Read More

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Court Sends Board of Adjustment Back to Work on Inadequate Resolution

A recent unreported Superior Court decision out of the Essex Vicinage shows that the way a Board of Adjustment writes their resolutions matters. In the case, Simmons v. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2170, the Plaintiffs brought an action challenging Newark’s Zoning Board of Adjustment’s grant of a use variance, bulk Read More

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ARBITRATION CLAUSE UNENFORCEABLE DUE TO LACK OF CLARITY, APPELLATE DIVISION FINDS

A recent unreported Appellate Division decision highlights the importance of clarity in drafting binding arbitration clauses. In that case, Vill. Courtyard Condo. Ass’n, Inc. v. 68-72 Franklin Place, LLC, 2024 N.J. Super. Unpub. LEXIS 1184, the bylaws of a residential development contained the following arbitration clause: “In the event of internal disputes arising from the Read More

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LBS in the News: The Fight Against More Monmouth County Warehouses Continues

As noted in this MidJersey.News article,  Lieberman Blecher & Sinkevich attorneys have been recruited by the Borough of Allentown in opposition to proposed warehouses, which would be located on Old York Road in neighboring municipalities. The idyllic rural landscape is also rich with Revolutionary War history, as described in another article from NJ Spotlight News. Read More

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THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING

On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More

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Supreme Court to hear oral arguments regarding EPA smog rule

The Supreme Court issued an order stating that while it would not yet decide whether to block the Environmental Protection Agency’s (“EPA”) smog rule from being effective, it would hear oral arguments on the matter during the upcoming February session. The oral arguments will include four related disputes over whether the EPA can implement a Read More

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Lead-Based Paint Inspections in Rental Dwellings

Lead is a naturally occurring element that is widely used in many products including gasoline, cosmetics, and paint. Lead-based paint is usually not hazardous if it is in good condition. However, paint that is peeling, chipped, cracked, or in some way damaged or lead dust, that forms when lead paint is scraped, sanded or heated, Read More

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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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