BLOG: Court Decisions

Hoboken Property Owner's Inverse Condemnation Claim Fails

by: Joseph Grather
13 Nov 2013
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More

Supreme Court Fails to "c" Property Owner’s Argument on Variance

by: Anthony F. Della Pelle
11 Nov 2013
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval.  The issue... Read More

NJ Appellate Court Confirms Property Owners' Right to Compensation For Loss of Ocean View

by: Joseph Grather
30 Oct 2013
On October 28, 2013, the Superior Court of N.J., Appellate Division published an opinion in back to back appeals captioned Petrozzi v. City of Ocean City .  Both cases had their nascence long before Sandy casts its long shadow on New Jersey beaches and property owners.  Having no dune protection in place, in 1989, Ocean City reached... Read More

Redundant But True: Tenant's Relocation Claims Denied…For Failure to Relocate

by: Anthony F. Della Pelle
15 Oct 2013
A New Jersey appellate court recently rejected a commercial tenant’s claims for relocation benefits and assistance arising out of a displacement caused by a redevelopment project in Wrightstown Borough, near the Fort Dix military establishment.   The claimant, Andrew Rosen, was the owner of Wright Cleaners, which had been operated at the same location since... Read More

Supreme Court to Take Another Look at Meaning of "In Need of Redevelopment"?

by: Joseph Grather
7 Oct 2013
Late last week, the New Jersey Supreme Court certified this question: “When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law,  N.J.S.A.   40A:12A-1 to -73, must the municipality expressly find that the property is “blighted” pursuant to the Blighted Areas Clause of... Read More

Cal App Ct Denies Pre-Condemnation Damages

by: Joseph Grather
27 Aug 2013
A California Court of Appeals panel recently reversed a trial court decision which was favorable to a property owner in Dep’t of Transportation v. McNamara.  The issue on appeal was limited to whether the property owners were entitled to pre-condemnation damages as a matter of law.  The trial court awarded the property owner pre-condemnation damages in... Read More

N.J. Supreme Court Opines on Prior Public Use Doctrine in Railroad Case

by: Joseph Grather
8 Aug 2013
On August 6, 2013, the New Jersey Supreme Court issued its opinion in Norfolk Southern Railway Co. v. Intermodal Properties (available here).  The Court’s opinion was limited to analysis of two narrow issues; 1) whether the proposed use is incompatible with the public interest; and 2) whether the term “exigencies of business” limited the railroad... Read More

Property Owner is Injured But Has No Remedy at Law

by: Joseph Grather
1 Aug 2013
Berardi I (Tp of Pemberton v. Berardi, 378 N.J. Super 430 (App. Div. 2005)). On September 30, 2002, the Township of Pemberton commenced a condemnation action to acquire property owned by the Berardis within a designated redevelopment zone in the municipality.  Contemporaneous with the commencement of the action, the Berardis filed an applications with the... Read More

Property Owner's Challenge to Montclair Redevelopment Plan Denied

by: Joseph Grather
30 Jul 2013
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

by: Joseph Grather
27 Jun 2013
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