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Federal Judge Restrains Government Action On Dune Project in Margate
Yesterday, a United States District Court judge restrained the U.S. Army Corps and NJDEP from any further action towards their joint Little Egg Inlet to Barnegat Inlet Storm Damage Reduction Project pending further hearings to be held in two weeks time. The City of Margate, which owns the beach west of the State’s public trust... Read More
Ocean County Court: Challenge to Redevelopment Plan Ordinance Premature
Ocean County Assignment Judge Vincent Grasso dismissed a declaratory judgment action filed by a redeveloper against the Township of Ocean finding that the redeveloper had to exhaust its administrative remedies before coming to the Court for relief. Alternatively, it appears that the redeveloper was seeking to partially invalidate or revise an ordinance that had been... Read More
Sometimes Good Fences Don't Make Good Neighbors – Bubis v. Kassin – 20 Years Later
Almost twenty years ago, a new neighbor moved in across from Sophie Bubis’ house at 1 Ocean Place in Loch Arbour. At that time, in 1995, the new neighbors, Jack and Joyce Kassin bought the entire beachfront lot consisting of four + acres. Soon thereafter, the Kassins erected an eight foot high sand berm covered... Read More
Hoboken Property Freed from "In Need Of Rehabilitation" Designation
The historic Neumann Leather building sits on Observer Highway in Hoboken and long ago ceased operating as a tannery. Its industrial zoning clearly outmoded in today’s Hoboken. As recounted by the Hudson Reporter, residential and commercial developers have been salivating over the property for years, but the City has refused to modify the zoning to... Read More
Summary Judgment Affirmed Where Causation Supplied by Net Opinion
A New Jersey appellate court recently affirmed a trial court’s summary judgment dismissing a negligence action where plaintiff’s theory of causation was only supported with an expert’s net opinion. Sayta Sankalp, LLC v. Five Star Auction (opinion here). In the case, plaintiff sued defendant for damages to real property caused by fire. The parties were... Read More
City of Pasadena Potentially Liable for Property Damage Caused by Its Trees
On August 14, 2014, the Second Appellate District Court of Appeal of California issued its landmark decision in City of Pasadena v. Superior Court of Califorina (Docket BC491467). The case arose out of a windstorm that occurred in November 2011. A City owned tree fell and damaged a residence insured by Mercury Casualty Company, which paid $293,000... Read More
NJ Supreme Court: Condemnor Has No Duty to Negotiate with Holder of Mortgage
The New Jersey Supreme Court answered in the negative the question whether a condemnor must negotiate in good faith with a mortgage holder that has obtained a foreclosure judgment pre-commencement of a condemnation action. Borough of Merchantville v. Malik & Son, LLC (opinion here). In so doing, the Court affirmed the plain letter of the... Read More
Georgia Supreme Court Halts Abandonment, Reinstates Property Owner Award
The Georgia Supreme Court recently reversed a decision of the Georgia Court of Appeals and reinstated a special master’s award of $5,187,000 in favor of the property owner for the taking of its property by eminent domain. Full text of Dillard Land Investments, LLC v. Fulton County opinion here. In short, the Supreme Court held... Read More
California Supreme Court to Review Pre-Condemnation Entry
Updating our recent entry on the Property Reserve case (here), the California Supreme Court has decided to review the Appellate Court’s finding that the Water Resource Board’s preliminary entry constituted a taking under California’s law of the eminent domain. The appellate court ruling meant that the State was going to have to pay just compensation to... Read More
California Court: Pre-condemnation Entry Statute Unconstitutional
A California appellate court recently declared its pre-condemnation entry statute unconstitutional. Property Reserve, Inc. v. Dep’t of Water Resources (JCCP No. 4594, March 13, 2014). While we are not going to recount all the details of the comprehensive opinion here, the State was seeking access to private property pre-condemnation in connection with a proposed tunnel... Read More
