COURT OPINIONS
NEW JERSEY SUPREME COURT DECISIONS
KEVIN MALANGA v. TOWNSHIP OF WEST ORANGE
Supreme Court Docket No. 086087 (2023)
A citizen successfully challenged the Township of West Orange’s designation of its public library as an area in need of redevelopment. The Township’s intention was to use the redevelopment designation to by-pass the public bid law to sell the library to a pre-selected developer. The Court found that the Trial Court and Appellate Division misapplied the criteria set forth in N.J.S.A. 40A:12A-5(d) in designating the public library as an area in need of redevelopment.
COURT OPINION (PDF)
HOUSING AUTHORITY OF THE CITY OF NEW BRUNSWICK v.
SUYDAM INVESTORS, LLC
177 N.J. 2, 826 A.2d 673 (2003)
This case successfully challenged the methodology employed by the Appellate Division to determine the amount of just compensation to be paid for environmentally contaminated property acquired by eminent domain. In particular, this case established the methodology now employed to address the presence of environmental contamination in property acquired by eminent domain. In particular, the Court held that the property should be valued as if remediated and that an environmental trust escrow be established from the just compensation awarded for the taking which is to be used to secure payment of the remediation by the condemning authority.
RECENT APPELLATE DECISIONS
KEVIN MALANGA V. TOWNSHIP OF WEST ORANGE
Docket No. A-4036-18T3 (2020)
This case decided by the Appellate Division successfully challenged the Township of West Orange’s designation of a shopping center and office park as an area in need of redevelopment. This case reversed a Trial Court decision which had upheld the designation.
PMG NEW JERSEY II, LLC v. 82 ISELIN, LLC and ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WOODBRIDGE
This case decided by the Appellate Division successfully defended the grant of preliminary and final site plan approval which included use variances to permit the redevelopment of a property located in the Iselin Rest Area of the Garden State Parkway with a gas station, drive-thru quick service restaurant and convenience store.
Docket No. A-4555-15T4 (2018)
PMG NEW JERSEY II, LLC v. 133 COLONIA, LLC and ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WOODBRIDGE
This case decided by the Appellate Division successfully defended the grant of preliminary and final site plan approval which included use variances to permit the redevelopment of a property located in the Colonia Rest Area of the Garden State Parkway with a gas station, drive-thru quick service restaurant and convenience store.
Docket No. A-4235-16T2 (2019)
HARRIET R. WENDELL v. 22 GROVE ASSOCIATES L.P.; THE ADVANCE GORUP, INC., THE GENERAL PARTNER OF 22 GROVE ASSOCIATES, L.P.; and PNC BANK, N.A. v. MUSNUFF GROUP, LLC
This case decided by the Appellate Division affirmed the Law Division decision granting summary judgment regarding the interpretation of lease provisions. In particular, this decision addressed the difference in a condition precedent to performance under the lease as opposed to a condition precedent to the formation of the lease.
Docket No. A-1395-14T2 (2016)
RECENT TRIAL COURT DECISIONS
DANNY REALTY LLC v. TOWNSHIP OF PARSIPPANY-TROY HILLS ZONING BOARD OF ADJUSTMENT
Docket No. MRS-L-2528-21
This Law Division case successfully appealed the denial of site plan approval. In this case, the developer was denied site plan approval to convert a gasoline station and convenience store to a gasoline station and Dunkin’® branded drive-thru store. The developer appealed and the Court set aside the Board of Adjustments findings that the application failed to satisfy the negative criteria and remanded the matter for the Board to provide findings on whether the application satisfied the positive criteria.
COURT OPINION (PDF)
THE RAIL YARD, LLC v. PLAZA ROAD SHOPPING CENTER, LLC and ROBERT J. INGLIMA, JR.
Docket No. BER-L-4943-20
The Law Division Court dismissed a tenant suit against the Landlord on motion in lieu of answer for failure to state a claim for which relief could be granted.
COURT OPINION (PDF)
PROSPECT ST NEIGHBORS v. GLEN PARK VILAGE, LLC
Docket No. BER-L-6641-17 (2019)
The Law Division ruled in favor of a neighborhood group and vacated the grant of preliminary and final site plan approval given for multi-family development in a single family residential district.
Docket No. MID-L-005443-17 (2019)
The Trial Court granted summary judgment which required the utility companies to pay for the cost a private developer incurred to relocate utilities located in the public right-of-way.
Docket No. MID-L-005445-17 (2019)
NORTH BRUNSWICK TOD ASSOCIATES, LLC v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY
NORTH BRUNSWICK TOD ASSOCIATES, LLC v. VERIZON NEW JERSEY, INC.
ZION LUTHERAN v. GARFIELD
Docket No. BER-L-000886-18 (2018)
The Law Division vacated the City of Garfield’s designation of its First District as an area in need of redevelopment.