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PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787

by: Joseph Grather
30 Jun 2021
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.”  The full text of the opinion is here. By way of recap,... Read More

Cedar Point Nursery – Per Se Taking Found by United States Supreme Court

by: Joseph Grather
24 Jun 2021
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday.  Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021).  The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property.    The full... Read More

Arby’s Exception to the Jury View Rule?

by: Joseph Grather
21 Apr 2021
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property.  A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More

Ocean Grove Camp Meeting Offices Tax Exempt

by: Joseph Grather
10 Mar 2021
I don’t often venture over to the tax appeal side of things here at McKirdy Riskin, but I have always been fascinated by the Ocean Grove Camp Meeting Ass’n that is the subject of a recent tax court opinion authored by Judge Sundar (March 4, 2021 opinion is available here).  I would suggest a full... Read More

US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !

by: Joseph Grather
4 Feb 2021
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari.   Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More

Trials in the Age of COVID/SARS-2

by: Joseph Grather
18 Jan 2021
As most New Jersey trial lawyers would know, ^ is a picture of the Hudson County Courthouse, which was built over a century ago. (click here for a detailed history of the building by jerseydigs).  It is one of the most impressive and beautiful courthouses in the entire State.  It was renamed the William J.... Read More

Functional Units and A New Year

by: Joseph Grather
7 Jan 2021
Rolling into a New Year here in Morristown after enduring a 14 day SARS-2/COVID-19 quarantine isolation. Sound familiar? I bet. So, what do condemnation lawyers think of while sitting in isolation? Real estate valuation and property rights issues, of course!  With that in mind, here’s a good one: what happens when your client’s private property... Read More

Is COVID-19 “Shutdown” Compensation Due Under Disaster Control Act? And Who Gets To Decide?

by: Joseph Grather
5 Nov 2020
An interesting case arose in our home vicinage – Morris & Sussex – involving a small business owner’s challenge to Governor Murphy’s COVID-19 “shutdown” orders. JWC Fitness v. Governor Murphy:  The complaint was filed about a month ago and was subsequently dismissed by Assignment Judge Stuart Minkowitz on jurisdictional grounds.  Judge Minkowtiz held that jurisdiction... Read More

Taxpayer Appeal Upsets Redevelopment Designation in West Orange

by: Joseph Grather
1 Oct 2020
The Appellate Division issued an unpublished opinion on September 11, 2020, in the case of Kevin Malanga v. West Orange. Mr. Malanga is a “resident taxpayer” within the Township of West Orange who appealed the designation of the Essex Green Shopping Center and the Executive Drive Office Park as a non-condemnation “area in need of... Read More

Church Loses Interest Awarded on Condemnation Judgment

by: Joseph Grather
24 Aug 2020
I remember long ago, my first case against NJDOT where a judgment awarding constitutional just compensation triggered a duty to pay interest on the award.  I also remember reading “Title 27” (NJDOT statute) and finding the 6% “solution” to my interest problem.  I mentioned the great news to one of the founders of my firm... Read More