By Erica Peralta | Published February 26, 2024 | Posted in News | Tagged Tags: public expression protection act, slapp suit, slapp suit case, slapp suit litigation, slapp suit NJ, Uniform Public Expression Protection Act, UPEPA | Comments Off on First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County
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First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County
The matter Albert H. Wunsch, III, v. CTE Republicans for Englewood Cliffs, Mark Park, Zhi Liang, Rivka Biecagz, and Penny Rousouli, is currently in the Superior Court of Bergen County. The case concerns candidates in a local public election. Plaintiff instituted the action by way of an order to show cause after asserting that Defendants Read More
Read MoreAppellate Court upholds easement determination but declines to address conditions of permit
The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More
Read MoreAppeals Court remands decision to exclude expert testimony
The Appellate Division recently remanded the below matter for further consideration by the trial court. Their opinion noted that the trial court should provide a more detailed and complete factor-by-factor analysis of the Daubert factors, bearing in mind the guidance of Rubanick. The lawsuit arises out a derailment of four freight train cars in Paulsboro Read More
Read MoreLead-Based Paint Inspections in Rental Dwellings
Lead is a naturally occurring element that is widely used in many products including gasoline, cosmetics, and paint. Lead-based paint is usually not hazardous if it is in good condition. However, paint that is peeling, chipped, cracked, or in some way damaged or lead dust, that forms when lead paint is scraped, sanded or heated, Read More
Read MoreAppeals Court upholds decision to deny variance request for easement under Green Acres
A recent decision by the Superior Court of New Jersey’s Appellate Division had affirmed the decision of a New Jersey trial court grant of the Defendants’ dismissal of the complaint and motion for summary judgment. Plaintiff’s complaint cited various statutes concerning disability accommodations which were inapplicable given the circumstances. In Julian Leone v. Howell Township, Read More
Read MoreAppeals Court upholds decision to essentially eliminate Jersey City’s Historic Preservation Process
A recent decision by the Supreme Court of New Jersey’s Appellate Division demonstrates how the courts have essentially eliminated Jersey City’s Historic Preservation Review process. In Joseph Berardo v. City of Jersey City, Zoning Board of Adjustment of the City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. Read More
Read MoreAppeals Court upholds decision to deny hardship variance due to lack of evidence
A recent decision by the Superior Court of New Jersey’s Appellate Division had reversed the decision of a New Jersey trial court grant of remand. Plaintiff’s hardship application and hearing failed to provide sufficient evidence for the board to grant a hardship variance. In Ebury Re, LLC, v. Township of Mount Olive Planning Board, plaintiff Read More
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