BLOG:

Suit Alleges Los Angeles’ Anti-Eviction and Rent Freeze Laws a Taking

by: Joseph Grather
16 Jun 2020
The “Apartment Association of Greater Los Angeles” has sued the City of Los Angeles in United States District Court for the Central District of California.  A copy of the filed complaint is available here.  According to the Complaint, in the wake of the “Wuhan Coronavirus”, the City “hastily” adopted a series of measures that prevent... Read More

NJ Supremes’ Reversal of Jury Verdict Reminds Trial Courts of Gatekeeping Function

by: Joseph Grather
5 Jun 2020
Not surprised.  As a follow-up report on our blog here, which recounted an Appellate Division opinion affirming a jury verdict of $4.2 million in favor of property owner Anthony Gentile where he did not present appraisal/valuation testimony at trial after his property in central New Jersey was taken by Manalapan Township.  Guess the verdict was... Read More

New Supreme Court Ruling on COVID-19 Case – Police Power Trumps Freedom of Religion

by: Joseph Grather
1 Jun 2020
On Friday the U.S. Supreme Court issued a terse Order and decision denying a California church’s request for relief from the Governor’s 25% occupancy restriction on church attendance. The Court split 5-4.  The Chief Justice issued the majority opinion and Justice Kavanaugh issued the dissenting opinion. The majority’s rationale – federal courts should defer to... Read More

2020 TAX APPEAL FILING DEADLINE SET FOR JULY 1ST

by: Richard De Angelis
29 May 2020
Yesterday Governor Murphy signed Assembly Bill No. 4157 (A4157)  to temporarily extend the deadline to file property tax appeals to July 1. The ordinary statutory deadline was April 1 (or May 1 for towns undergoing a revaluation).  That deadline had been extended twice before as a result of the Governor’s Executive Orders declaring the current... Read More

Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General

by: Allan Zhang
23 May 2020
While most businesses have complied in some form or manner with the spirit of the above meme,  a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period.  It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More

NJGOP Joins The Shutdown Challenge Party

by: Anthony F. Della Pelle
22 May 2020
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State.  The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More

More Novel Takings Cases Arising from Novel Coronavirus

by: Joseph Grather
21 May 2020
As States allow businesses to slowly re-open, some business owners intend to assert “takings” claims for the lost business caused by the State Order closures.  A barber in Sarasota Florida has retained counsel to file suit against the State.  According to the plaintiff’s lawyer, “The government took his property because they took the economic value... Read More

Oregon Shutdown Order: Vacated and Reinstated in One Day

by: Anthony F. Della Pelle
19 May 2020
Another State’s Executive Orders – this time in Oregon – rode a judicial seesaw yesterday.  Earlier in the day, Baker County Circuit Court Judge Matt Shirtcliff issued an opinion and preliminary injunction which declared that all of Oregon Governor Kate Brown’s Executive Orders were “null and void”, and therefore enjoined enforcement of several orders entered... Read More

Hamptons’ Beach House Rental Market Frenzied, While Jersey Shore Owners Left Out in the Cold

by: Joseph Grather
18 May 2020
The New York Times reports that there is a “feeding frenzy” for Hamptons seasonal beach house rentals. Contrast that with the chilling effect of Governor Murphy’s executive Order barring short-term rentals found in our recent “I Can’t Rent My Beach House! blog.   Hard to predict if the restrictions on short-term rentals – to be decided... Read More

LANDLORDS ASSEMBLE… TO BATTLE RENT CONTROL ORDINANCES!

by: Allan Zhang
18 May 2020
This week’s COVID-19 related hot topic: landlord’s assembling to fight rent control measures in New Jersey. Montclair Township and Union City both recently passed ordinances to implement rent control measures leading to the pending matters. Montclair Rent Control Ordinance In Montclair, a number of landlords joined together as the Montclair Property Owner’s Association (“Montclair Assoc.”... Read More