Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits ...
Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013). This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at 423 N.J. Super. 49 (App. Div. 2011), and discussed here. ...
Price v. Himeji, LLC, 214 N.J. 263 (2013). Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a multi-story residential building in a zone where that use was ...
Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other appeals discussed in this post]. This has been a busy ...
E.B. v. Division of Medical Assistance & Health Services, 431 N.J. Super. 183 (App. Div. 2013). This appeal challenged the issuance of Medicaid Communication No. 11-03 by the defendant Division. In that Communication, the Division required a Medicaid applicant or recipient to ...
Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). This case arose under the Faulkner Act, N.J.S.A. 40:69A-1 to -210. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented defendants in this matter]. In Faulkner Act municipalities, citizens may petition to hold ...
Cologna v. Board of Trustees, Police & Firemen’s Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen’s Retirement System (“PFRS”) normally has two years to resume employment and reinstitute membership in the PFRS. N.J.S.A. ...
Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups had challenged administrative rules promulgated by the New Jersey Department ...
Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013). This was a prerogative writ case involving rent control. Plaintiffs were tenants in a building owned by defendant Bloomfield 206 Corporation (“Bloomfield”). Plaintiffs and Bloomfield fought before ...
In re City of Camden and International Ass’n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire financial straits that the State of New Jersey has provided ...