BLOG: Court Decisions

Cedar Point Nursery – Per Se Taking Found by United States Supreme Court

by: Joseph Grather
24 Jun 2021
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday.  Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021).  The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property.    The full... Read More

Arby’s Exception to the Jury View Rule?

by: Joseph Grather
21 Apr 2021
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property.  A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More

US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !

by: Joseph Grather
4 Feb 2021
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari.   Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More

Tax Court: Added/Omitted Assessment Law Does Not Apply to Property Which Loses Exemption

by: Thomas Olson
22 Jan 2021
A recent decision by Presiding Tax Court Judge Mala Sundar found that the Added and Omitted Assessment Law did not apply when an exempt property became non-exempt. Instead, the applicable law was the “Exemption Cessation” statute. The basis of this action stemmed from previously tax-exempt property that Centrastate Healthcare Services Inc. (“CHSI”) (a for-profit entity)... Read More

Taxpayer Appeal Upsets Redevelopment Designation in West Orange

by: Joseph Grather
1 Oct 2020
The Appellate Division issued an unpublished opinion on September 11, 2020, in the case of Kevin Malanga v. West Orange. Mr. Malanga is a “resident taxpayer” within the Township of West Orange who appealed the designation of the Essex Green Shopping Center and the Executive Drive Office Park as a non-condemnation “area in need of... Read More

NJ Appellate Court: Deed Not Needed For Substitute Access

by: John H. Buonocore, Jr.
28 Jul 2020
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

Suit Alleges Los Angeles’ Anti-Eviction and Rent Freeze Laws a Taking

by: Joseph Grather
16 Jun 2020
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

by: Joseph Grather
5 Jun 2020
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

by: Joseph Grather
1 Jun 2020
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

Oregon Shutdown Order: Vacated and Reinstated in One Day

by: Anthony F. Della Pelle
19 May 2020
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