BLOG: Condemnation Law
NJ Supremes’ Reversal of Jury Verdict Reminds Trial Courts of Gatekeeping Function
Not surprised. As a follow-up report on our blog here, which recounted an Appellate Division opinion affirming a jury verdict of $4.2 million in favor of property owner Anthony Gentile where he did not present appraisal/valuation testimony at trial after his property in central New Jersey was taken by Manalapan Township. Guess the verdict was... Read More
New Supreme Court Ruling on COVID-19 Case – Police Power Trumps Freedom of Religion
On Friday the U.S. Supreme Court issued a terse Order and decision denying a California church’s request for relief from the Governor’s 25% occupancy restriction on church attendance. The Court split 5-4. The Chief Justice issued the majority opinion and Justice Kavanaugh issued the dissenting opinion. The majority’s rationale – federal courts should defer to... Read More
Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General
While most businesses have complied in some form or manner with the spirit of the above meme, a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period. It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More
NJGOP Joins The Shutdown Challenge Party
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State. The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More
More Novel Takings Cases Arising from Novel Coronavirus
As States allow businesses to slowly re-open, some business owners intend to assert “takings” claims for the lost business caused by the State Order closures. A barber in Sarasota Florida has retained counsel to file suit against the State. According to the plaintiff’s lawyer, “The government took his property because they took the economic value... Read More
Oregon Shutdown Order: Vacated and Reinstated in One Day
Another State’s Executive Orders – this time in Oregon – rode a judicial seesaw yesterday. Earlier in the day, Baker County Circuit Court Judge Matt Shirtcliff issued an opinion and preliminary injunction which declared that all of Oregon Governor Kate Brown’s Executive Orders were “null and void”, and therefore enjoined enforcement of several orders entered... Read More
Hamptons’ Beach House Rental Market Frenzied, While Jersey Shore Owners Left Out in the Cold
The New York Times reports that there is a “feeding frenzy” for Hamptons seasonal beach house rentals. Contrast that with the chilling effect of Governor Murphy’s executive Order barring short-term rentals found in our recent “I Can’t Rent My Beach House! blog. Hard to predict if the restrictions on short-term rentals – to be decided... Read More
LANDLORDS ASSEMBLE… TO BATTLE RENT CONTROL ORDINANCES!
This week’s COVID-19 related hot topic: landlord’s assembling to fight rent control measures. Montclair Township and Union City both recently passed ordinances to implement rent control measures leading to the pending matters. In Montclair, a number of landlords joined together as the Montclair Property Owner’s Association (“Montclair Assoc.” ). In an effort to curb rent... Read More
NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen. The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More
Charleston County (SC) Sues Town Over COVID-19 Check Points Barring Public Access to Beaches
Similar to the case between government entities that resulted in a “stay at home order” being struck down by the Wisconsin Supreme Court (blogged here), Charleston County recently sued the Town of Folly Beach, South Carolina because the Town was denying access to public beaches. The barrier island municipality had set up road blocks that... Read More
