Gibbons Law Alert

Happy Hour for Xanadu! N.J. Appellate Division Upholds ABC Director’s Decision on Special Concessionaire Permits

On August 16, 2010

On August 6, 2010, the Appellate Division upheld the decision of the Director of the New Jersey Division of Alcoholic Beverage Control (“ABC”) to issue a special concessionaire permit to the proposed Benihana restaurant in the controversial Meadowlands Xanadu Project. The ruling will allow Xanadu bars and restaurants to avoid acquiring costly plenary retail consumption licenses from existing East Rutherford licensees.

Russell Bershad to Speak at New Jersey ICLE Program – Distressed Real Estate: Defaults, Workouts & Opportunities

by Gibbons P.C.

Posted in Transactional Real Estate and Leasing

On August 13, 2010

Russell B. Bershad, Esq., Co-Chair, Gibbons Real Property & Environmental Department, contributing author, Commercial Real Estate Transaction in New Jersey (3rd Ed., 2010, NJICLE), will be a speaker at the New Jersey ICLE Program, Distressed Real Estate: Defaults, Workouts & Opportunities, Wednesday October 27, 2010.

No Room at the Inn – New York Closes the Door on Illegal Hotels

by Gibbons P.C.

Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On August 12, 2010

On July 23, 2010, Governor David Patterson signed into law, legislation that amends the New York State Multiple Dwelling Law to define permanent and transient occupancy. The new illegal hotel law forbids most residential apartment units to be rented out for stays less than 30 days. This legislation may be a reaction to City of New York v. 330 Continental LLC, a 2009 Appellate Division – First Department holding, which relied on the fact that the critical terms “transient” and “permanent” are not defined in either the Multiple Dwelling Law or the New York City Zoning Resolution.

Yes, Building in the Highlands Preservation Area is Possible: Court Upholds NJDEP Exemption for Church Project as “Reconstruction” Within “Footprint” of Previous Development

by Paul M. Hauge

Posted in Development/Redevelopment

On August 11, 2010

New Jersey’s Highlands Water Protection and Planning Act (Highlands Act), which created and granted substantial powers to a regional Council, has engendered significant controversy, especially with respect to the strict development restrictions it imposes within a statutorily defined preservation area. Certain redevelopment projects, however, are exempt from those restrictions, and a recent Appellate Division upheld the New Jersey Department of Environmental Protection’s (NJDEP) interpretation of key statutory provisions when it determined that a multi-purpose redevelopment project qualified for such an exemption.

A Redevelopment Designation Worthy of Gallenthin – South Plainfield, NJ, Does it Right

by Gibbons P.C.

Posted in Development/Redevelopment

On August 10, 2010

In 2007, just as regulations began to force New Jersey development into its urban areas, where the use of redevelopment is a virtual necessity, the New Jersey Supreme Court decided Gallenthin Realty v. Paulsboro. There, the Supreme Court rejected a municipality’s designation of an area in need of redevelopment because the underlying investigation was insufficient under the Local Redevelopment and Housing Law criteria.

Stunted Growth: U.S. Supreme Court Declines Review of Challenge to the New Jersey Highlands Act

by Gibbons P.C.

Posted in Development/Redevelopment

On August 9, 2010

The Supreme Court of the United States recently declined to review a multi-plaintiff citizen challenge to the New Jersey Highlands Water Protection and Planning Act. The case, Shope v. State, which has been floating through the New Jersey court system since April 2007, finally met its end when the Supreme Court denied the petition for certiorari on June 28, 2010.

Here Comes the Sun: New Jersey Exempts Solar Panels from Impervious Coverage Limits

by Howard D. Geneslaw

Posted in Development/Redevelopment / Environmental and Green Issues

On August 6, 2010

A recently enacted New Jersey law encourages the use of solar energy by allowing solar panels to be excluded from the computation of impervious coverage when determining whether a development project complies with impervious coverage limitations. The new law, P.L.2010, c.4 , amends the Pinelands Protection Act, Coastal Area Facility Review Act, Highlands Water Protection and Planning Act, County Planning Act, Waterfront Development Law, and Municipal Land Use Law, as well as laws pertaining to the conversion of age-restricted community developments.

Changes to Form RTF-1! NJ Realty Transfer Fee Applicable to Inter-Company and Affiliate Transfers for Nominal Consideration?

by Shepard A. Federgreen

Posted in Transactional Real Estate and Leasing

On August 5, 2010

Inter-company transfers of real estate have always been subject to the NJ Realty Transfer Fee. However, in an October 2009 decision of the Tax Court, such transfers between commonly-owned entities were held to be exempt when the transfer is a sale of unencumbered property for less than $100 (as compared to a capital contribution of property by the grantor to the grantee with a simultaneous delivery to the grantor of equity in the grantee).

Want to Expedite Your Real Estate Development Approvals in New Jersey? Want to Get Your Building Permit as Soon as Possible? Did You Know About This Regulation?

by Gibbons P.C.

Posted in Development/Redevelopment

On August 4, 2010

In New Jersey, it is very typical for a municipality’s building department to refuse to accept a developer’s construction drawings until the developer has received all of its local, county, state, and other applicable agency approvals (e.g. site plan approval, an NJDEP permit; or an NJDOT permit). This should not be happening.

Library of Congress Says You Can Jailbreak Your Smartphone

by Gibbons P.C.

Posted in Copyright

On August 3, 2010

On July 26, 2010, the Library of Congress ruled that “jailbreaking” of smartphones is a fair use under the Copyright Act. Under the Copyright Act, the Librarian of Congress is required to review classes of works every three years for exemptions to the ban against circumventing technological measures that control access to copyrighted materials. The purpose for the triennial review is to determine whether users of copyrighted works are adversely affected by the anti circumventing ban in their ability to make noninfringing uses of copyrighted work. As part of its decision making process, the Copyright Office provides notice of its rulemaking, solicits input from the public and makes a final recommendation to the Library of Congress.