BLOG: Court Decisions

First Highway Access Case Published In Years – Same As It Ever Was

by: Michael Realbuto
8 Nov 2023
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More

SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey

by: Michael Realbuto
14 Jun 2023
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More

SCOTUS Sends Pipeline Eminent Domain Case Back to the District Court

by: Michael Realbuto
1 May 2023
  Our blog (and law firm, for that matter) is no stranger to federal pipeline eminent domain cases. Here are some of our prior blog posts about the topic for your reading pleasure. The most recent news comes from the United States Supreme Court in a matter that challenges the Federal Energy Regulatory Commission’s (“FERC”)... Read More

N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge

by: Michael Realbuto
21 Mar 2023
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More

7th Cir. Axes “Judicial Takings” Theory in Lakefront Property Case

by: Michael Realbuto
7 Dec 2022
The Seventh Circuit U.S. Court of Appeals decided an interesting takings case this past cycle which involved several Indiana properties that abut Lake Michigan. In Pavlock v. Holcomb, the property owners asserted a relatively novel “judicial takings” theory that was ultimately rejected by the panel. The Court held that the lakefront owners could not sue... Read More

SCOTUS Locks Crosshairs on Key Property Rights Issue

by: Michael Realbuto
29 Nov 2022
Although our blog primarily focuses on eminent domain related issues in the courts, our ears perk up whenever the High Court decides to clarify a significant property rights issue. In Wilkins v. United States, No. 21-1164, the Supreme Court is scheduled to hear argument on November 30, 2022, regarding the following question presented: Two Montana... Read More

New York Appellate Court: Make a Strong Case When Arguing for a “Highest and Best Use!”

by: Michael Realbuto
14 Sep 2022
Earlier this year, the Supreme Court of New York, Appellate Division, reviewed a lower court’s decision that disregarded a property owner’s proposed “highest and best use” to support a valuation claim in a condemnation matter. The primary issue on appeal was whether the lower court erred in finding that the property owner failed to substantiate... Read More

Maryland Appellate Court: Condemnation Jury Trials are the Status Quo

by: Michael Realbuto
24 Aug 2022
Earlier this year, the Maryland Court of Special Appeals reviewed a lower court’s decision that prevented a self-represented property owner from having her valuation case heard by a jury. The primary issue on appeal was whether it was legally correct for the lower court to hold the condemnation trial without a jury. The full decision... Read More

Denial of SCOTUS Review: Open Door for More Takings Under Kelo?

by: Michael Realbuto
27 Jul 2022
Our blog often focuses on Court action that shapes the law surrounding the substantial power of eminent domain. However, in some instances, Court inaction may lead to detrimental consequences for property owners when faced with a governmental taking. One notable example of Court inaction that is worth discussing is the case of Eychaner v. City... Read More

Revocation of Highway Access Affirmed on Appeal

by: Joseph Grather
6 Jul 2022
On July 5, 2022, the Appellate Division affirmed a denial of direct highway access by the NJ Dep’t of Transportation. In re Revocation of the Permit for Direct Access to Route 206, Docket A-1958-18. Opinion here.  The property owner – Sylvia Zika – had litigated the denial of access through the entire regulatory process culminating... Read More