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
…
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. …
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
…
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
…
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…
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…
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 …
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…
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. …
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…
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