Governor Christie announced today that he will not re-nominate Justice Hoens to the Supreme Court once her initial seven-year term expires later this year. Instead, he is nominating Judge Faustino J. Fernandez-Vina, who currently serves as Assignment Judge in the Superior ...
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 ...
TSI East Brunswick, LLC v. East Brunswick Bd. of Adj., 215 N.J. 26 (2013). The Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-70(d)(3), authorizes applications for conditional use variances. A conditional use is one that is permitted by ordinance provided that the applicant ...
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 ...
Angland v. Mountain Creek Resort, Inc., 213 N.J. 99 (2013). Plaintiffs’ decedent had a skiing accident with a snowboarder, from which plaintiff’s’ decedent later died. His estate sued the ski area and the snowboarder. The New Jersey Ski Act, N.J.S.A. 5:13-1 to -12, ...
Estate of Desir v. Vertus, 214 N.J. 303 (2013). In this case, which involved the application of premises liability and the rescue doctrine to a tragic shooting death, the Appellate Division reversed the Law Division’s finding that defendant property owner owed no duty to the victim, ...
Northgate Condominium Ass’n, Inc. v. Hillsdale Planning Bd., 214 N.J. 120 (2013). Opponents of land use development applications sometimes contest the adequacy of the notice given by development applicants, as occurred in a recent Appellate Division case. There, the Appellate Division upheld ...
D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. (“TCA”), no lawsuit can be filed against a public entity unless the plaintiff has first given notice ...
Nostrame v. Santiago, 213 N.J. 109 (2013). When a personal injury plaintiff in a potentially big case switches attorneys, the attorney being replaced may see a potentially large fee disappearing. It is tempting for that attorney to believe that the new attorney ...