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Property Owners Standing Strong Against Pipeline Companies
Just as President Trump moves to block Russia’s expansion of its natural gas pipeline infrastructure, local property owners continue to stand their ground against pipeline companies. PennEast Pipeline & the Supreme Court Several owners in Mercery County opposed the PennEast Pipeline project. NextCity just published an article detailing an owner’s years-long battle against PennEast. Back... Read More
NJ Appellate Court: Deed Not Needed For Substitute Access
A New Jersey appellate court recently held that a condemnation creating an easement for alternative highway access to support abutting property was not required to be deeded to an abutting owner. Amba Corporation vs. State by Comm’r of Transp. A-4765-17T2, decided July 24, 2020. The plaintiff in Amba operated a motel in Bellmawr Township with... Read More
Property Tax Exemption Not On The Menu For Kean University Restaurant
The New Jersey Supreme Court recently held in Gourmet Dining v Union Township that a for-profit high-end restaurant housed in a building on the Kean University campus was subject to local property taxation. The defendant, Union Township, appealed from the judgment of the Appellate Division, which reversed the Tax Court’s grant of summary judgment in... Read More
Suit Alleges Los Angeles’ Anti-Eviction and Rent Freeze Laws a Taking
The “Apartment Association of Greater Los Angeles” has sued the City of Los Angeles in United States District Court for the Central District of California. A copy of the filed complaint is available here. According to the Complaint, in the wake of the “Wuhan Coronavirus”, the City “hastily” adopted a series of measures that prevent... Read More
NJ Supremes’ Reversal of Jury Verdict Reminds Trial Courts of Gatekeeping Function
Not surprised. As a follow-up report on our blog here, which recounted an Appellate Division opinion affirming a jury verdict of $4.2 million in favor of property owner Anthony Gentile where he did not present appraisal/valuation testimony at trial after his property in central New Jersey was taken by Manalapan Township. Guess the verdict was... Read More
New Supreme Court Ruling on COVID-19 Case – Police Power Trumps Freedom of Religion
On Friday the U.S. Supreme Court issued a terse Order and decision denying a California church’s request for relief from the Governor’s 25% occupancy restriction on church attendance. The Court split 5-4. The Chief Justice issued the majority opinion and Justice Kavanaugh issued the dissenting opinion. The majority’s rationale – federal courts should defer to... Read More
2020 TAX APPEAL FILING DEADLINE SET FOR JULY 1ST
Yesterday Governor Murphy signed Assembly Bill No. 4157 (A4157) to temporarily extend the deadline to file property tax appeals to July 1. The ordinary statutory deadline was April 1 (or May 1 for towns undergoing a revaluation). That deadline had been extended twice before as a result of the Governor’s Executive Orders declaring the current... Read More
Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General
While most businesses have complied in some form or manner with the spirit of the above meme, a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period. It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More
NJGOP Joins The Shutdown Challenge Party
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State. The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More
More Novel Takings Cases Arising from Novel Coronavirus
As States allow businesses to slowly re-open, some business owners intend to assert “takings” claims for the lost business caused by the State Order closures. A barber in Sarasota Florida has retained counsel to file suit against the State. According to the plaintiff’s lawyer, “The government took his property because they took the economic value... Read More
