Contract purchaser cannot file tax appeal

Presiding Tax Court Judge DeAlmeida rendered a very interesting decision in Omega Storage v Lawrence Township. In this case of first impression, Judge DeAlmeida ruled that a contract purchaser did not have standing to file a tax appeal.
In other …



SUMMARY OF DEVELOPMENTS IN CERCLA AND NJ SPILL ACT: 2011

This is a summary of some of the significant decisions of 2011 in CERCLA and N.J Spill Act litigation. ( Some of the decisions were previously reviewed in this blog.) CERCLA Arranger and Operator Liability: In Nu-West Mining Inc. v.


Semi Private Golf Course Assessment is Affirmed by Tax Court

In an recently reported decision the Tax Court affirmed the assessment of a semi private golf course in Gale & Kitson Fredon Golf v Township of Fredon.
Fredon Township conducted a revaluation and the owners of the golf course …



Too Many Appraisals, Too Little Credibility A Cautionary Tax Court Tale

The Tax Court in a recent unreported decision allowed evidence, including adjustments to comparable sales by a pro se taxpayer at trial. However, the case, Kula v. Township of Downe, provides a more important strategic lessons to municipal attorneys …



Two Family Homes and Seasonal Rentals No Longer Considered to be Bulk Sales Transactions

As a result of a recent legislative amendment, the New Jersey Bulk Sales Act (the Act) provisions, as they relate to real estate, are a lot clearer. Prior to the amendment, there was some uncertainty as to whether or not…


U.S. Supreme Court adopts the “cat’s paw” theory of liability in an employment case.

In a decision that may have wide ranging impact on New Jersey employment practice the U.S. Supreme Court adopted the “cat’s paw” theory of liability under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a statute designed to protect…

CATEGORIES: Employment Law

NJ Federal District Court dismisses CERCLA Section 113 and private nuisance claim by subsequent property owner that conducted voluntary cleanup.

On August 13, 2011, the Federal District Court for the District of New Jersey continued to clarify the limits of Section 113 claims under CERCLA and also addressed common law claims of a subsequent property owner in Queens West Development


NJ App. Div. dismisses Spill Act contribution claim due to primary jurisdiction of NJDEP.

In Magic Petroleum, Inc. v. Exxon Mobil, the New Jersey Appellate Division dismissed, without prejudice, Magic’s claim for contribution of remedial costs against Exxon due to NJDEP’s primary jurisdiction of the remedial investigation at the plaintiff’s property. Plaintiff had been…


US SUPREME COURT INSULATES MUNICIPALITIES FROM FIRST AMENDMENT SUITS

In a decision unifying the approach to what are referred to as “petition clause” cases, The United States Supreme Court reversed a Third Circuit decision upholding a jury verdict in favor of a public employee. In Borough of Duryea v.


N.J. App. Div. rules that Spill Act liability requires a nexus between a discharge and the contamination of the surrounding environment.

In NJDEP v. Ofra Dimant, et.al. the New Jersey Appellate Division recently confirmed that liability under the Spill Act, requires a connection between the discharge of a contaminant and the contamination of the environment of that contaminant that was caused…



DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services. For additional information about the matters in this bulletin or in the firm’s Employment Practice, please contact Richard P. Flaum, Esq.

The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questions you might have.