BLOG: Court Decisions
Late Claim Allowed in Zoning Dispute
The New Jersey Supreme Court reinstated a dismissed complaint after finding that the forty-five day statute of limitations in R. 4:69-6(b)(3) should be enlarged because “‘it is manifest that the interest of justice so requires.’” The facts were undisputed. In May 2008 the Hopewell Township Planning Board granted preliminary site plan approval for a development... Read More
Court Refuses to Hear Columbia University Redevelopment Case
The United States Supreme Court today issued its decision denying property owner Nick Sprayregen’s petition for certification. The two issues raised in the petition were: “1) Whether it was error for the Court of Appeals of New York to disregard the principles enunciated in Kelo v. City of New London in sanctioning the use of... Read More
NJDOT Complaints Dismissed for Failure to Engage in Bona Fide Negotiations with Property Owners
The Bergen County Assignment Judge recently dismissed condemnation complaints filed by the New Jersey Department of Transportation (“DOT”) after its appraiser failed to consider the impact that the loss of access would have on business’s operating on the Route 46 Circle in Little Ferry, as well as potential flooding issues caused by the installation of... Read More
Court Denies Discovery Request for Expert’s Financial Records
A recent New Jersey appeals court has ruled that a litigation expert’s financial records are not subject to disclosure. This holding could impact eminent domain and real estate tax appeal litigation because both practices rely on expert opinions to establish a property’s value. In the case in question, a plaintiff’s attorney in a personal injury case requested information from... Read More
Neptune Redevelopment Challenge Dismissed
A New Jersey appellate court has affirmed a trial judge’s dismissal of a citizen’s challenge to the Township of Neptune‘s designation of five acres as an “area in need of redevelopment “under the Local Redevelopment and Housing Law (“LRHL”). The court also dismissed the objector’s challenge to the township’s subsequent adoption of a redevelopment plan. The court held that... Read More
Appraisal Reports Must Be Produced
The Appellate Division of the New Jersey Superior Court has released a published opinion in Tractenberg v. Twp. of West Orange, ___ N.J. Super. ___ (App. Div. 2010), which required the Township of West Orange to release an unredacted copy of an appraisal report prepared for the Township’s Council following an OPRA request by the... Read More
Newark Trucking Facility Not Blighted
A Newark property owner, CD Development, LLC, challenged a 2005 blight designation which led to its property being designated as an area in need of redevelopment. The five acre property is used as an active trucking facility. Newark’s planning expert concluded the property satisfied the Local Redevelopment and Housing Law (LRHL) criteria in N.J.S.A. 40A:12A-5(e), the... Read More
Asbury Park Property Owner Wins Opportunity to Seek Amendment to Redevelopment Plan
The Appellate Division of the New Jersey Superior Court has reversed a trial judge’s decision that property within a redevelopment area in Asbury Park was “unzoned” because it was exempted from eminent domain as part of a redevelopment plan. The subject property, formerly owned by the Salvation Army, was exempted from eminent domain under the... Read More
Rehearing Ordered on Interest Rate Decision in Long Branch Taking
Failure to Provide Evidentiary Hearing on Interest Rates Requires Remand A New Jersey appellate court recently held that a Monmouth County Superior Court trial judge erred by failing to hold an evidentiary hearing in a Long Branch redevelopment taking case, pursuant to N.J.S.A. 20:3-31 and -32 after it was requested by the property owners. The... Read More
Recovery of Owner’s Attorneys’ Fees Limited in “Complicated” Inverse Condemnation Case
A New Jersey appeals court recently limited a Bergen County property owner’s ability to recover attorneys’ fees in an inverse condemnation proceeding to those fees actually and reasonably incurred in connection with the condemnation. The plaintiff, NJ Capital Partners, LLC, filed an inverse condemnation action after the Oakland Planning Board denied its subdivision application twice. After... Read More
