BLOG: Court Decisions

NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening

by: Anthony F. Della Pelle
15 May 2020
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen.  The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More

Wisconsin Supreme Court: No Need to Stay at Home Any More!

by: Anthony F. Della Pelle
14 May 2020
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country.  The 4-3 decision was lauded by local Republicans and small business owners as... Read More

Shipyard Associates Wins Big Against Hoboken

by: Joseph Grather
8 May 2020
While not a condemnation case per se, the Supreme Court’s May 5th Opinion in Shipyards Assoc. v. Hoboken may be useful in a future valuation case. In short, the owner rec’d approvals in 1997 for residential development of its waterfront property in Hoboken.  They build most of the project in conformity with its approvals, except... Read More

On Blueberry Hill – Property Owner Seeks Injunction from US Supreme Court

by: Joseph Grather
1 May 2020
Not very sexy to sing ‘I found my thrill on Blueberry Hill Public Golf Course & Lounge’, but these are strange days indeed. The name of the case is actually “Friends of Danny DeVito v. Tom Wolf” but if I were the property owner’s lawyer I would have led with Blueberry Hill…. I digress.  This... Read More

Property Rights Trampled by COVID-19

by: Joseph Grather
22 Apr 2020
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property.  The Order denied access to the owners private beach. If you have 5 minutes,... Read More

Town Looks Gift Horse in Mouth – Gets Bitten

by: John H. Buonocore, Jr.
15 Apr 2020
NJSEA v. Kearny A recent Appellate Division decision affirmed a trial judge’s award of  just compensation concerning the taking by a State agency of a municipal landfill in Kearny.  The award matched the amount of the condemning agency’s appraisal, and both the trial and appellate court’s rejected entirely the municipal property owner’s theory of value. ... Read More

Owner’s Verdict Potpourri of Condemnation Valuation Principles

by: Joseph Grather
4 Mar 2020
Last month, the a New Jersey appellate court affirmed a $3,000,000.00 verdict rendered by a Camden County jury for the taking of an eight story 80,000 s.f. building in Camden City Center.  The full text of the opinion is here:   Estate of Rubin v. Camden Parking Authority.  The Parking Authority appealed arguing the owner’s valuation... Read More

Federal Appeals Court Rules PennEast Cannot Haul State into Federal Court for Pipeline Takings

by: Joseph Grather
16 Sep 2019
We may be late to the party, as there has already been a lot of publicity over this decision, but thought we would add a few lines for our readers. The Circuit Court immediately explained that the District Court granted PennEast “orders of condemnation and preliminary injunctive relief for immediate access to the properties.” Slip... Read More

50 Year Old Newark Blight Designation Invalidated

by: Joseph Grather
29 Aug 2019
On August 16, 2019, the Honorable Thomas Vena, J.S.C. invalidated a 50-year-old blight designation of Plaintiff Benjamin Moore’s property in Newark, New Jersey.  The full text of the opinion is a worthwhile read and can be found here.  In one respect, it is a fountainhead decision because the Court invalidated a blight designation that had... Read More

Paying the Pied Piper: Third Circuit Court of Appeals Court Rules That State Law Applies in Federal  Eminent Domain Suit

by: Anthony F. Della Pelle
31 Jul 2019
In TENNESSEE GAS PIPELINE COMPANY, LLC v. PERMANENT EASEMENT FOR 7.053 ACRES, et als, the United States Court of Appeals for the Third Circuit faced an issue of first impression, and held that State eminent domain law must be applied in federal takings matters. Tennessee Gas Pipeline Company, a private utility corporation, holds   a certificate... Read More