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Stand Clear: Belleville Prepares to Investigate a New Redevelopment Area

by: Michael Realbuto
4 Oct 2022
Besides being the hometown of a man who motivated many tri-state attorneys with his courtroom pizzazz, Belleville is also the potential home to a new “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). Last week, the Belleville Town Council passed a resolution that... Read More

Tax Court Declines to Extend Recent Expansion of Veteran’s Exemption

by: Matthew Erickson
30 Sep 2022
Disabled Veteran’s Tax Exemption On September 12, 2022, the Tax Court of New Jersey rendered a six (6) page unpublished opinion in Michael Hutchings v. Borough of Lawnside that addressed whether a Lawnside resident qualified for the “disabled veteran’s exemption” from his local property taxes.  The opinion, written by the Hon. Kathi F. Fiamingo, J.T.C.,... Read More

NJ’s ANCHOR Program – IT HAS BEGUN!

by: Allan Zhang
29 Sep 2022
Back in June 2022, we informed you that the State’s Affordable NJ Communities for Homeowners and Renters program (“ANCHOR”) was coming to provide “truly historic” tax relief to property owners and renters. In the words of the venerable soul-stealing sorcerer, Shang Tsung, “It has begun!” (Queue Mortal Kombat theme song). The ANCHOR program replaces the... Read More

Judge Strikes Down New Jersey’s Casino Property Stabilization Act

by: Matthew Erickson
28 Sep 2022
On August 31, 2022, Atlantic County Assignment Judge Michael Blee ruled that a recent state law, which revised the property tax agreement between the Atlantic City casinos, Atlantic County, and Atlantic City, violated New Jersey’s Constitution.  The law, originally passed as “S4007” (hereafter the “2021 Act”), was signed into law on December 21, 2021, and... Read More

Chabad of the Beaches “Takes” On the Village of Atlantic Beach

by: Allan Zhang
27 Sep 2022
A recent eminent domain case unfolding across the river involves the potential taking of property owned by Chabad of the Beaches (“Chabad”), a Jewish community group, to be used for religious purposes. Chabad was founded by the Rabbi Eli Goodman and his wife, Beila Goodman, to serve the Jewish population of Long Beach Barrier Island.... Read More

No Standing for PA Senators Alleging Taking

by: Joseph Grather
26 Sep 2022
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More

A Primer on Tenants’ Rights to Condemnation Awards in New Jersey

by: Michael Realbuto
26 Sep 2022
When the government takes private property using its power of eminent domain, it is required to pay the property owner “just compensation.” With that being said, the allocation of a condemnation award is not always clear cut and legal disputes often arise in the context of leaseholds. Allocation of a condemnation award to persons claiming... Read More

Bernardsville Redevelopment Project: Full Steam Ahead!

by: Anthony F. Della Pelle
21 Sep 2022
Last week, the Bernardsville Borough Council adopted a resolution approving a controversial designation of certain commercial properties on Olcott Square as an “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”).  The decision, approved by a 4-2 vote, was controversial because it rejected an... Read More

Delays in Obtaining Permits Leading to Property Foreclosure Not a Regulatory Taking

by: Joseph Grather
19 Sep 2022
Federal Court Judge Cheryl Ann Kraus was ‘riding the Circuit’ and decided a regulatory takings case while sitting in the District Court, District of New Jersey captioned James v. Vornlocker. Full opinion here 2022-8-31 Vornlocker. The case was decided on motions for summary judgment, and it appears that Plaintiff admitted most of the facts and... 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