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Appellate 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

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Cannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds

The Cannabis Regulatory Commission properly denied an application for a medical cannabis dispensary permit because the company did not submit sufficient information for each specific category considered in the agency’s application process, the Appellate Division held on December 20 in In the Matter of the Denial of Dispensary Permit Endorsement for Spectrym Consulting Group, LLC, Read More

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“AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS

A recent unreported New Jersey Appellate Division decision highlights a seller’s responsibility to disclose real estate defects and the limits of “as is” clauses. In that case, Battaglia v. Aversa, 2023 N.J. Super. Unpub. LEXIS 1576, the plaintiff purchased a home. The home inspection did not reveal any potential water issues. The contract explicitly stated Read More

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Law Firm Stops Franklin Township Two Warehouse Proposal

Lieberman Blecher & Sinkevich has prevailed in its effort to block a warehouse proposal in Franklin Township, Somerset County, New Jersey.  The project, referred to as the “B9” application, was to construct two warehouses near and along what the Township refers to as a scenic corridor.  On September 26, 2023 the Franklin Township Planning Board Read More

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Appeals 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

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Appeals 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

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Appeals 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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APPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP

In an important decision decided last week, the New Jersey Appellate Division held that interested parties seeking adjudicatory hearings before the DEP can petition the DEP to rule on the request within thirty days. The case, Musconetcong Watershed Ass’n v. N.J. Dep’t of Envtl. Prot., 2023 N.J. Super. LEXIS 81, was initiated when Hampton Farm, Read More

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National Cancer Institute Launches Studies to Investigate Link Between PFAS and Various Cancers

Perfluorooctanoic acid (“PFOA”) is one of thousands of chemicals in a family known as per- and polyfluoroalkyl substances (“PFAS”). In 2017, the International Agency for Research on Cancer (IARC) identified PFOA as a possible carcinogen in humans. To further science’s understanding of the carcinogenicity of PFAS, the National Cancer Institute’s (“NCI”) Division of Cancer Epidemiology Read More

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Court Affirms Tenants Obligation to Pay Rent Despite Covid-19 Executive Orders

A recent decision by the Superior Court of New Jersey’s Appellate Division demonstrates how strictly courts will construe lease provisions, even in the face of a pandemic and a strict executive order directly affecting the subject of the lease. In that case, Washington-Hudson Assocs. II v. Town Sports Int’l Holdings, 2023 N.J. Super. Unpub. LEXIS Read More

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