BLOG: Court Decisions
Property Owner's Challenge to Montclair Redevelopment Plan Denied
On July 26, 2013, the Appellate Division issued an unpublished opinion in Grabowsky v Township of Montclair. In May 2012, the Township adopted an ordinance amending a redevelopment plan to permit an assisted-living facility on the Church Street site. Grabowsky filed an action challenging the ordinance adoption, which was rejected by the Law Division in... Read More
Appellate Court Gives Property Owner and State Second Chance
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial. The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More
Town’s Failure to Treat Property Owner Fairly Leads to Reversal by Appellate Division
A New Jersey appellate court recently reversed a trial court’s dismissal of a tax appeal, and found that the City of North Wildwood failed to act fairly in litigation with the property owner. The property at issue is improved with a seven-story mixed-use tower, a 160-slip marina and a 3900 square-foot marina services building, and... Read More
Experts’ Opinions Accepted Over Town’s Objections
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax Court accepted each party’s two witnesses as experts, one in real estate appraisal and one in environmental remediation, and admitted their reports into... Read More
Mortgagee Not Entitled to Bona Fide Negotiations
On February 5, 2012, the Appellate Division published its decision in a condemnation case captioned Borough of Merchantville v. Malik & Son, LLC. The property was acquired by the municipality in connection with an earlier “in need of redevelopment” designation. In short, the Appellate Court affirmed a trial court’s rejection of a “right to take” challenge... Read More
US Supreme Court: Temporary Flooding May Constitute a "Taking"
Photo courtesy: www.agfc.com Today, the United States Supreme Court issued its unanimous decision in the case of Arkansas Game and Fish Commission v. United States (No.11-597). The Court concluded in a ruling favorable to the property owner “that recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability.” (Slip op.... Read More
No "Temporary Taking" of Private Property in Long Branch
On October 11, 2012, the Appellate Division issued an opinion affirming dismissal of a property owner’s temporary taking claim. Hoagland v. City of Long Branch (A-0358-11T2; A-1583-11T2). Absent successful petition for certification, so ends another chapter in Long Branch’s long history of redevelopment. Before getting to the opinion, it must be noted that the only... Read More
NJ Appellate Court Affirms Right to Condemn
Yesterday, the appellate division affirmed a trial court decision that rejected a property owner’s request to dismiss a condemnation action on the grounds that the State failed to engage in bona fide negotiations. State, DOT v. St. Mary’s Church (Docket A-5448-10T1). The property owner argued that dismissal was warranted because the State failed to follow... Read More
California Appellate Court Reverses Property Owner Victory in Condemnation Action
The Sixth District of the California Appellate Court recently reversed a trial court opinion dismissing a condemnation action and awarding legal fees. San Benito County v. Hollister, Inn (Docket CU-06-00051& CU-06-00054 September 19, 2012). Following a trial on the County’s authority to use eminent domain (“right to take”), the court found that the County had “committed... Read More
Court Rejects Property Owner’s Unverified Sales Evidence at Trial
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property. The judge... Read More
