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COURT REJECTS AUTOMATIC APPLICATION OF “TIME OF FILING” RULE IN BUILDER’S...

Developers who bring builder’s remedy lawsuits under New Jersey’s Mount Laurel doctrine often cite the so-called “time of filing” rule.  The contention is that in determining whether a municipality is...

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Court Defines Time of Application Trigger

A February 14, 2017 decision of the Appellate Division of New Jersey Superior Court may make it more difficult for developers to gain the benefit of the “time of application” rule enacted by the...

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Applying Equitable Principles, New Jersey Appellate Division Expands Spill...

The New Jersey Appellate Division recently construed the Spill Compensation and Control Act (the Spill Act) as permitting a property owner to compel neighboring owners to share in the costs of an...

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Appellate Division Reaffirms Position that Pinelands Protection Act...

In a recent unpublished decision, Peg Leg Webb, LLC v. New Jersey Pinelands Commission, A-4016-15T4 (Unpub. App. Div. October 11, 2017), a panel of the Superior Court of New Jersey, Appellate Division,...

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Property Transfers Among Family Members Do Not Negate Innocent Party Status...

The cost to remediate contaminated sites can be significant and the scope of liability under environmental laws is deliberately broad.  In many cases under theories of strict, joint and several...

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NJ Appellate Division Upholds $225 Million NJDEP Settlement with Exxon Mobil...

In February 2018, New Jersey’s Appellate Division upheld a consent judgment that settled the New Jersey Department of Environmental Protection (NJDEP)’s claims against Exxon Mobil Corporation (Exxon)...

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Submit All Required Forms and Documents Required by Municipal Ordinance for...

On June 20, 2018, the Supreme Court of New Jersey affirmed the Appellate Division decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township, which analyzes the “time of...

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There’s No Conservation Restriction in My Title: So Why Can’t I Build?

A title search is a vital component of the real property acquisition process. It would be hard to criticize a buyer who proceeds with a transaction, intending to develop or redevelop a parcel, after...

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New Jersey Appellate Division Affirms Municipal Court Jurisdiction to Enforce...

On November 13, 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (“DEP”) can bring a penalty enforcement action under the Spill Compensation and Control Act...

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Appellate Division Sheds Light on Statutory and Common Law Claims in...

Co-Authored by David Miller Last week, the New Jersey Appellate Division (the “Court”) clarified the relationship between claims arising under the New Jersey Spill Compensation and Control Act (the...

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