EPA Approves Amendments Regarding “All Appropriate Inquiry” for Protection of Purchasers of Property from CERCLA Liability

On December 30, 2013, the USEPA amended the Standards and Practices for All Appropriate Inquiry Rule (“AAI”) which addresses the manner by which a prospective purchaser can assess the environmental conditions of a property in order to receive liability protections…


NJ District Court Opens CERCLA Consent Decree and Agreement with Insurers For Neighbors Who Were Not Involved in Initial Actions and Settlement

In recent N.J. Federal Court decision, US v. South Jersey Clothing Co, et. al, the District of New Jersey addressed a scenario to decide whether a decade-old consent decree and settlement between responsible parties and their insurers should be reopened…


NJ App. Div. Affirms Dismissal of Spill Act Cost Recovery Action Based Upon NJDEP Primary Jurisdiction

On November 15, 2013, in an unreported decision, the N.J. App. Div. affirmed the dismissal of a private costs recovery action under the Spill Act on the basis of the primary jurisdiction of the NJDEP. This case, Meyer v. Constantinou


NJ Supreme Court Rules on Effect of Potential Zoning Change in Eminent Domain Case

In the recent New Jersey Supreme Court decision, Borough of Saddle River v. 66 East Allendale, LLC, the Court considered whether, in a trial on just compensation, it was proper to allow the jury to hear evidence on the likelihood…


E-Mail Protected from Attorney-Client Privilege Despite Prior Disclosure

In Hedden v. Kean University, et al., a recent published decision of the Appellate Division, the Court held that an e-mail from the University’s head women’s basketball coach to the University’s general counsel was protected from disclosure by the…


BEWARE THE PITFALLS OF FLOOD INSURANCE

The insured victims of Sandy’s flood waters got good news when FEMA extended the Proof of Loss (POL) filing deadline until April 28, 2014. This extension can have a downside. Many who have unresolved claims will see this as an…


N.J. App. Div. Holds that the Spill Act has a 6 Year Statute of Limitation in Private Cost Recovery Actions

On August 23, 2013, the Appellate Division handed down its decision in Morristown Associates v. Grant Oil Co. Plaintiff in that case, the owner of a shopping center in Morristown, brought claims against prior owners of a dry cleaning business…


NEW JERSEY SUPREME COURT INVALIDATES COAH 3RD ROUND REGULATIONS

After years of legal challenges to the concept of “growth share” devised by the Council on Affordable Housing (“COAH”) as a method of providing for prospective affordable housing need, on September 26, 2013, the New Jersey Supreme Court ruled in…


NJ App. Div. Reinforces Standard for Abandonment of Nonconforming Use

In 2006, Plaintiff leased a piece of commercial property located in the Amusement Zone (Zone A) of the Wildwood Boardwalk. The prior owner of the property operated a business that provided body piercing and tattooing services on the subject property.…


Delivered But Not Received: Tax Court’s Decision

In Burgundy Realty L.L.C. v. Township of Piscataway, the court granted defendant’s motion to dismiss for plaintiff’s failure to respond to income and expense information requests under N.J.S.A. 54:4-34, more commonly known as a “Chapter 91” request. Plaintiff opposed …





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