BLOG: Court Decisions

Appellate Court: Mobile Home Park Can Satisfy Affordable Housing Obligation

by: Anthony F. Della Pelle
25 Apr 2019
A New Jersey appellate court recently held that a municipality may use its eminent domain powers to seize a mobile home park in order fulfill its affordable housing obligation.  The matter involved the taking by the Township of Robbinsville of a mobile home park owned by defendant, Mercer MHC, LLC, which contained approximately 14 acres... Read More

PennEast Pipeline Under Appeal to Federal Circuit Court of Appeal

by: Joseph Grather
23 Aug 2018
On August 10, 2018, FERC issued an Order Denying Requests for Rehearing on its grant of a Certificate of Public Convenience and Necessity to PennEast Pipeline, LLC.2018-8-10 FERC Order Denying Rehearing. On August 13, 2018, New Jersey Conservation Foundation and Delaware Riverkeeper appealed. FERC issued its Certificate for the PennEast Pipeline in January of this... Read More

Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights

by: Thomas Olson
14 Aug 2018
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public... Read More

Pro Se Redevelopment Challenges Unsuccessful in Union City

by: Joseph Grather
26 Feb 2018
Two recent Appellate Division cases rejected the arguments of a pro se party challenging Union City’s efforts to redevelop “blighted areas”.  Both cases are captioned Larry Price v. Union City.  The first opinion issued on December 21, 2017 and the second February 13, 2018. Links to the full text are below. Price v Union City... Read More

Redevelopment Designation Affirmed on Appeal

by: Joseph Grather
4 Dec 2017
A two-judge panel of the Appellate Division recently affirmed a decision of the Law Division (Ocean County) upholding a condemnation redevelopment designation in Tradewinds Marina, Inc. v. Borough of South Toms River (A-273-16T2) (unpublished opinion here).  In short, while the sole objecting property owner complained of some clear irregularities in the proceedings, the owner did... Read More

Testimony on Reasonable Probability of Zoning Change Not Limited to Real Estate Appraisers

by: Anthony F. Della Pelle
18 Aug 2017
In a recent dispute before the Tax Court, the court addressed the issue of whether only a real estate appraiser may offer testimony as to the reasonable probability of a change in zoning of the subject property as of the relevant valuation dates.  In Ciba Specialty Chemicals Corp. v. Twp. of Toms River, the taxpayer... Read More

Newark Property Owner Loses Date of Value Argument

by: Joseph Grather
10 Aug 2017
On August 2, 2017, the Appellate Division affirmed several Law Division orders arising out of a long-running dispute between the County of Essex and the owners of property located in the City of Newark.  The appellate court affirmed trial court orders; 1) setting the date of value, 2) denying reconsideration thereof, and 3) memorializing a... Read More

SCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant Parcel Analysis

by: Anthony F. Della Pelle
27 Jun 2017
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking.  Because the test for regulatory takings require the courts to compare the value that has been taken from the property with the value that remains in the property, one of the critical components in the... Read More

State Law Held to Apply in Federal Court Pipeline Taking

by: Anthony F. Della Pelle
19 Jun 2017
A Florida Federal District Court judge court recently held that Florida’s state eminent domain laws should be applied to a taking by a private pipeline company which relied upon the Natural Gas Act, federal law which allows private companies to use eminent domain in the federal courts “in matters relating to the transportation of natural gas... Read More

Property Owner’s Second Bite at the Apple Not So Tasty as the First

by: Joseph Grather
15 May 2017
A New Jersey appellate court just affirmed the denial of property owner’s challenge to a condemnation premised on a failure of pre-complaint bona fide negotiations. Montclair v Cerino 2017 a0753-15. The Township of Montclair had previously commenced a condemnation action to acquire a property along Valley Road that was used by the property owner to store... Read More