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…
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…
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…
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…
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…
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…
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…
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…
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.…
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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