BLOG: Court Decisions
Undersized Lot Receives Variance From Court to Avoide Inverse Condemnation Claim
While not our prototypical condemnation case, a trial judge in Ocean County aptly reversed a local zoning board in Jerman v. Tp. of Manchester (Docket No. OCN-L-1844-13). If affirmed the zoning board’s denial of a bulk variance that would have zoned the property into inutility; that is, it would have rendered the property valueless and would thereby... Read More
Beach Erosion Caused by Jetties May Constitute a Taking
The latest in a long-running dispute between the U.S. Army Corps of Engineers and lake-front property owners in Michigan, whose beaches have allegedly been washed away because of jetties installed by the Army Corps long ago, is a ruling from the United States Circuit Court of Appeals for the Federal Circuit that the takings’ claims... Read More
NJ Supreme Court Adds Two Redevelopment Related Cases to Docket
The first case is In re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange. The certified question: “Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to... Read More
Rails to Trails Case on Supreme Court Docket
Signing off on 2013 and looking towards 2014, an interesting case with property rights implications is scheduled for argument before the United States Supreme Court on January 14, 2014. The case is captioned Marvin M. Brandt Revocable Trust v. United States. The Court certified the following question for briefing and argument: “This case involves the... Read More
Arkansas Game Remand Equals Just Compensation for Property Owner
Almost a year to the date after the Supreme Court issued its opinion in Arkansas Game and Fish Commission v. United States, the Circuit Court of Appeals for the Federal Circuit found that the governmental taking caused by an Army Corps controlled flooding program was compensable. The Circuit Court “affirm[ed] the judgment of the Court... Read More
Harrison Township Amendment to Redevelopment Plan Affirmed on Appeal
In an unpublished per curiam opinion, the Appellate Division affirmed dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. Mullica Hills Supermarkets, LLC v. Harrison. The background followed the familiar redevelopment path. An area was designated “in need of redevelopment” in 2008, and a redevelopment plan was adopted contemporaneous... Read More
Hoboken Property Owner's Inverse Condemnation Claim Fails
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More
Supreme Court Fails to "c" Property Owner’s Argument on Variance
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval. The issue... Read More
NJ Appellate Court Confirms Property Owners' Right to Compensation For Loss of Ocean View
On October 28, 2013, the Superior Court of N.J., Appellate Division published an opinion in back to back appeals captioned Petrozzi v. City of Ocean City . Both cases had their nascence long before Sandy casts its long shadow on New Jersey beaches and property owners. Having no dune protection in place, in 1989, Ocean City reached... Read More
Redundant But True: Tenant's Relocation Claims Denied…For Failure to Relocate
A New Jersey appellate court recently rejected a commercial tenant’s claims for relocation benefits and assistance arising out of a displacement caused by a redevelopment project in Wrightstown Borough, near the Fort Dix military establishment. The claimant, Andrew Rosen, was the owner of Wright Cleaners, which had been operated at the same location since... Read More
