BLOG: Court Decisions

Appellate Division Rejects Property Owners' Due Process Claims in Redevelopment Case

by: Anthony F. Della Pelle
10 Feb 2010
A New Jersey appellate court recently rejected certain property owners’ claims that city officials violated their procedural and substantive due process rights by frustrating plaintiffs’ business ventures in connection with a local redevelopment plan and project. In Sandone v. Park, A-6346-07 (App. Div. February 2, 2010), the Appellate Division affirmed the trial court’s dismissal of the owners’ complaint challenging... Read More

Discounted Jury Verdict Upheld on Appeal

by: Anthony F. Della Pelle
5 Jan 2010
A New Jersey appellate court recently rejected a property owner’s claim that it was deprived of just compensation because the jury verdict reflected a discount for the cost of environmental remediation on its property.  New Jersey Schools Construction Corporation v. Warminster Investments Corporation, et als., Docket No. A-5319-07T15319-07T1.  Warminster, the property owner, argued that the jury... Read More

Tenants' Rights Scrutinized in Kearny Redevelopment Taking

by: Anthony F. Della Pelle
26 Oct 2009
A New Jersey appellate court recently analyzed the rights of a tenant who challenged a town’s right to use eminent domain to extinguish its leasehold interest in a municipal redevelopment project.  Town of Kearny v. Discount City of Old Bridge, et als, Docket No. A-6220-07T3.  In this case, two commercial tenants appealed from trial court... Read More

Property Owner's Challenge to Redevelopment Testing Dismissed as Moot

by: Anthony F. Della Pelle
2 Jun 2009
A New Jersey appellate court dismissed a property owner’s challenge to redevelopment activities in the Town of Kearny on the basis that the appeal was moot.  Town of Kearny v. RLR Investments, Inc., Docket No. A-3174-07T2 (read the opinion here).    The property owner, RLR Investments, owns and operates a commercial trucking terminal which is located in... Read More

Court Disapproves Averaging of Comparable Sales

by: Anthony F. Della Pelle
29 May 2009
A New Jersey appellate court recently held that a trial judge’s practice of averaging comparable sales in fixing the fair market value of real property is an improper valuation practice.  In Pansini Custom Design Assocs. v. City of Ocean City, Docket No. A-2003-07T1, the plaintiffs owned a single family residence at the Jersey shore, which was... Read More

New Jersey Supreme Court Confirms Award of Counsel Fees as Mandatory in Abandonment of Condemnation

by: Anthony F. Della Pelle
13 Apr 2009
In a recent New Jersey Supreme Court decision authored by Justice Virginia Long, the Court confirmed the mandatory nature of attorneys’ fees awards in condemnation actions where the condemnor abandons the the taking. Township of West Orange v. 769 Associates, et als, (A-113-07, April 9, 2009).  The Supreme Court reversed an Appellate Division ruling that limited... Read More

Mortgage Lender's Recovery of Interest on Condemned Parcel Limited by Appellate Court

by: Anthony F. Della Pelle
1 Mar 2009
On February 10, 2009, a New Jersey appellate court limited the rights of a mortgage lender to receive interest on property taken by eminent domian, upon which the lender held a mortgage at the time of the taking.  The appeals panel ruled that the mortgage lender was only entitled to receive, in satisfaction of its mortgage,... Read More

NJ Supreme Court upholds Highlands Act

by: Anthony F. Della Pelle
15 Dec 2008
The New Jersey Supreme Court recently held that an inverse condemnation did not occur in a takings case involving the application of the New Jersey Highlands Act with respect to a development tract owned by OFP, LLC in Morris County.   According to the Supreme Court, which upheld an earlier opinion by the Appellate Division of the New... Read More

$17.9 Million Jury Verdict Upheld on Appeal

by: Anthony F. Della Pelle
1 Jun 2008
The Appellate Division of the Superior Court recently upheld and affirmed a jury verdict of $17,900,000.00 as just compensation for the taking of a 75 acre farm in Piscataway Township for open space.  The farm, owned by the Halper family, had been the subject of a long-standing battle between the Township and the Halper family which... Read More

Redevelopment Designation in Neptune Rejected

by: Anthony F. Della Pelle
15 May 2008
The Superior Court of New Jersey recently rejected a redevelopment designation by the Borough of Neptune City.  65 Steiner Avenue, LLC v. Borough of Neptune City, MON-L-4082-85.  The area targeted by the Borough through the redevelopment processes of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”), consisted of light industrial uses, some... Read More