Appeals About Issues Decided by State Agency Must Go to the Appellate Division, Not the Law Division
Beaver v. Magellan Health Services, Inc.. 433 N.J. Super. 430 (App. Div. 2013). "Under what circumstances may a litigant pursue common law and statutory causes of action in the Law...
Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013). This case presented a concept of basic contract law– impossibility of performance– in an unusual setting. Judge Parrillo...
The Supreme Court has granted certification to review the decision of the Appellate Division in Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). The decision below is discussed here. The...
Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013). In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today's decision, involved a...
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...
Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013). This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at...
Price v. Himeji, LLC, 214 N.J. 263 (2013). Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a...
Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other...
E.B. v. Division of Medical Assistance & Health Services, 431 N.J. Super. 183 (App. Div. 2013). This appeal challenged the issuance of Medicaid Communication No. 11-03 by the defendant Division. In that...
City Clerk Did Not Comply With Faulkner Act, But That Did Not Constitute a Violation of the New Jersey Civil Rights Act
Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). This case arose under the Faulkner Act, N.J.S.A. 40:69A-1 to -210. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented defendants in this...