A Spot Zoning Claim Gets Raised in a Recent NJ Zoning Case
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …
The Fair Housing Act does not give a developer the right to build an assisted living residence in a single family zoning district. A …
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …
Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
In condemnation cases, the government must pay the fair market value of your land. If your vacant land needs a variance to build, you …
If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other …
The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …
When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection. New Jersey’s zoning law recognizes the …
Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15. Courts treat condominium associations like they do corporations, holding …
The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …
A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …
Because of Governor Murphy’s executive orders, commercial landlords have been unable to get possession of their properties from non-residential tenants since the onset of …
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …
Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa. He is a retired police officer and …
In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
Recently, a trial judge determined that an evicted tenant was obligated to pay to plaintiff, the landlord, $2,509.79 for the costs incurred to remove …
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …
A variance application before a zoning board based on a property owners self-created mistake or hardship requires special proof and evidence. Zoning Boards of …
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …