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Appellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements

The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More

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N.J. Supreme Court Rules in Favor of Dunes and Against Ocean Views

On July 8, 2013, at the intersection of environmental and eminent domain law, the New Jersey Supreme Court issued its long-anticipated decision in Borough of Harvey Cedars v. Karan, ____ N.J. ____ (2013). The backdrop of this case was a beach restoration and storm protection project on Long Beach Island funded by federal, state, and Read More

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NJDEP Announces Emergency Recovery Permit Rules Now Official

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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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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Recent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy

Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if Read More

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Rebuilding in the Wake of Sandy: Insurance, Legal and Regulatory Issues

New Jersey and New York residents have suffered through one of the most difficult storms in American history with an unmatched trail of destruction in this part of the country.  Now (and well over the next few years), comes the process of rebuilding what was lost or damaged. There will be serious economic and emotional Read More

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Attorneys Assisting in Hurricane Sandy Recovery

All of us at Lieberman & Blecher, P.C. hope that you, your families, and colleagues are safe and well following Hurricane Sandy. Like many others, our offices experienced a power outage and delay in receiving e-mail and other communications.  We are fully back online and stand ready to assist you, your business, and your family.  Read More

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NJ Appellate Court Sets New Precedent in Land Use Case, Allowing Beach Property Owners’ Case to Proceed

In Mullen v. The Ippolito Corporation, a recent published decision rendered by the Appellate Division of the New Jersey Superior Court, the owners of a single-family home adjacent to a pre-existing nonconforming motel were allowed to move forward with their action in lieu of a prerogative writ that sought mandamus relief against the Borough of 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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