Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking...
Ten Stary Dom Partnership v. Mauro, 216 N.J. 16 (2013). Less than two weeks after issuing an opinion about conditional use variances, the Supreme Court today turned to bulk variances...
Yesterday's Star-Ledger contained a review of this book, which is edited by Paul L. Tractenberg and published by Rutgers University Press. That review is available here. According to the review, the...
On this date in 1973, the Supreme Court decided Berzito v. Gambino, 63 N.J. 460 (1973). Berzito was the third in a series of Supreme Court decisions that modernized residential...
Longo v. Pleasure Productions, Inc., 215 N.J. 48 (2013). A plaintiff under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), can recover punitive damages against an employer, under the doctrine...
TSI East Brunswick, LLC v. East Brunswick Bd. of Adj., 215 N.J. 26 (2013). The Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-70(d)(3), authorizes applications for conditional use variances. A conditional use is...
State v. Quixal, 431 N.J. Super. 502 (App. Div. 2013). Today's post is a guest post by Jeffrey A. Shooman, one of my colleagues in the Appellate Practice Group at Lite DePalma...
Belmont Condominium Ass'n, Inc. v. Geibel, 432 N.J. Super. 52 (App. Div. 2013). This case resulted in another magnum opus by Judge Parrillo. Plaintiff sued over defective construction of a...
In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing ("COAH") was established as part of the Legislature's response to the...
Shelton v. Restaurant.com, Inc., 214 N.J. 419 (2013). [Disclosure: I argued this case in the Supreme Court for the successful plaintiffs]. This consumer protection case has had a long odyssey. Originally filed...
