BLOG: Court Decisions
HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
Inverse Condemnation vs Eminent Domain: What New Jersey Property Owners Need to Know
Understanding the differences between inverse condemnation and eminent domain is crucial for property owners, especially in New Jersey. Inverse condemnation vs. eminent domain involves distinct legal processes and implications. This blog post will delve into these differences, providing insights into how each impacts property rights and what property owners in New Jersey need to know.... Read More
Beach Season: Appellate Court Clarifies Motion Procedure in a Condemnation Case
In late February 2024, the N.J. Appellate Division decided on an appeal involving a Point Pleasant condemnation case where a property owner filed a barrage of pre-trial and post-judgment motions. All of the owner’s motions were denied by the trial judge. After hearing arguments, the Appellate Division ultimately affirmed the rulings. The justification for the... Read More
SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court... Read More
First Highway Access Case Published In Years – Same As It Ever Was
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More
SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More
SCOTUS Sends Pipeline Eminent Domain Case Back to the District Court
Our blog (and law firm, for that matter) is no stranger to federal pipeline eminent domain cases. Here are some of our prior blog posts about the topic for your reading pleasure. The most recent news comes from the United States Supreme Court in a matter that challenges the Federal Energy Regulatory Commission’s (“FERC”)... Read More
N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More
7th Cir. Axes “Judicial Takings” Theory in Lakefront Property Case
The Seventh Circuit U.S. Court of Appeals decided an interesting takings case this past cycle which involved several Indiana properties that abut Lake Michigan. In Pavlock v. Holcomb, the property owners asserted a relatively novel “judicial takings” theory that was ultimately rejected by the panel. The Court held that the lakefront owners could not sue... Read More
SCOTUS Locks Crosshairs on Key Property Rights Issue
Although our blog primarily focuses on eminent domain related issues in the courts, our ears perk up whenever the High Court decides to clarify a significant property rights issue. In Wilkins v. United States, No. 21-1164, the Supreme Court is scheduled to hear argument on November 30, 2022, regarding the following question presented: Two Montana... Read More
