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Oregon Shutdown Order: Vacated and Reinstated in One Day
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
LANDLORDS ASSEMBLE… TO BATTLE RENT CONTROL ORDINANCES!
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
NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen. The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More
Wisconsin Supreme Court: No Need to Stay at Home Any More!
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country. The 4-3 decision was lauded by local Republicans and small business owners as... Read More
Priest Files Shutdown Challenge – Is Governor Thinking About the Bill of Rights Now?
Last week we wrote about the first known challenge to Governor Murphy’s Executive Order shutting down the State in an attempt to slow the spread of COVID-19. The plaintiff there alleged the Order resulted in a taking of his beach house because it prohibits seasonal beach rentals and, as a result, he was required to... Read More
“Thanks” To COVID-19, It’s Not Too Late To File A Property Tax Appeal
Like you, we at McKirdy, Riskin, Olson & Della Pelle, P.C. have had to adapt to the current State of Emergency caused by the COVID-19 virus that has upended our normal routines. First and foremost is that we are all concerned about our health and that of our family and friends, especially those most vulnerable... Read More
NJ Shutdown Challenge – I Can’t Rent My Beach House!
The first apparent challenge to New Jersey’s shutdown orders was filed this week by a Pennsyvlania doctor, who alleges that Governor Murphy’s Executive Orders have resulted in a taking of his Margate beach house – because the orders prohibit seasonal beach rentals and, as a result, he was required to refund a deposit on a... Read More
NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More
“Almost on time” Doesn’t Count For Tax Refund – Tax Court Orders Town to Pay Interest
There is a saying that “early is on time, on time is late and late is unacceptable.” While that is not true in all instances, the New Jersey Tax Court recently found that the payment of a tax refund owed as a result of Judgment issued pursuant to a settlement agreement two days beyond the... Read More
Two Worlds Collide: States of Emergency and Individual Rights
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More
