New Jersey Law

The Old Red Mill in Clinton

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 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…


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 …



New Jersey Federal Court Rejects Admissibility of Expert Opinions in Claims for Bodily Injury and Diminution of Property Value Due to Environmental Contamination

In a recent set of decisions in the case of Leese, et al. v. Lockheed Martin Corp., Federal District Court Judge Simandle granted summary judgment to the defendant due to the inadequacy of plaintiff’s experts related to the claims …




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…


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


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…


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 …



Real Estate Closing Procedures

Richard Ahsler, the Head of our Commercial Real Estate and Corporate Law Department has prepared a comprehensive outline of Real Estate Closing Procedures that is a valuable tool for anyone who is buying or thinking of buying real estate.…

CATEGORIES: Real Estate

Developers benefit from “Time of Application” law passed on May 5.

On May 5, 2010, Governor Christie signed into law P.L. 2010, Chapter 9, known as the “Time of Application” law, which protects the rights of a developer by requiring the municipality to apply the zoning in place when application is…