Search Site
Menu
Tag Archive
New Jersey Appellate Division
1 - 10 of 11
Page 1 of 2

Appeals Court: Municipality Cannot Be Forced to Adopt Planning Board Recommendations

What does a governing body do when a municipality’s planning board recommends changes to its master plan?  Does the council have to adopt the changes to the municipal ordinance?  Can the council reject the recommendations?  Or can it simply ignore the planning board altogether?  On January 16, 2015, the Appellate Division’s opinion in in Myers Read More

Read More

Appellate Division Takes Victory in Wetlands Takings Case from the State

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

Read More

NJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case

Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More

Read More

Court Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval

In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More

Read More

Appellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed

The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More

Read More

Supreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees

The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More

Read More

NJ Appellate Division Rules Spill Act Subject to 6-Year Statute of Limitations

In a decision that may upset decades of environmental remediation litigation in New Jersey, the Appellate Division held recently that the catch-all six-year statute of limitations for damages to property found in N.J.S.A. 2A:14-1 applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). In Morristown Assocs. v. Grant Oil Read More

Read More

NJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits

Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More

Read More

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

Read More

Public Entities Ruled Not Liable for Actions of Their Public Employees

In an expansion of governmental tort immunity, the New Jersey Appellate Division recently ruled in Turner v. Township of Irvington that public entities cannot be held liable for a 9-1-1 operators’ conduct regardless of their level of culpability. The 9-1-1 operator at issue acted with willful and wanton conduct when they were the cause of Read More

Read More
1 - 10 of 11
Page 1 of 2
Our Attorneys

Recent Twitter Posts

  • Last landfill in the Meadowlands to be capped and permanently closed. https://t.co/RP4pmpK7tJ
    1 week ago
  • A listing of highlights of environmental wins, losses, and mixed results in New Jersey in 2019. https://t.co/y0HevtZ6ab
    1 week ago
  • Camden County town discovers PFAS contamination. https://t.co/fMxCcGxdbn
    3 months ago
  • Ocean County announces 3,100 acre open space donation in Lacey Township. https://t.co/MZOS9764KK
    4 months ago

Recent Blog Posts

Lieberman & Blecher. P.C. Celebrates its 20th Year as a Proven “Super” Force in New Jersey Environmental Legal Practice

Founded in 2000 by Stuart J. Lieberman and Shari M. Blecher, Lieberman & Blecher has developed and maintained a reputation as one of the preeminent environmental law firms in New
Read More
Lieberman & Blecher. P.C. Celebrates its 20th Year as a Proven “Super” Force in New Jersey Environmental Legal Practice

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
Read More
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
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
Read More
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

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...

    Read More
  • 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 ...

    Read More
  • 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.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form