Gibbons Law Alert

Gibbons Law Alert

Tagged: New Jersey

Rebuilding New Jersey After Sandy – Legislation Would Require Standby Generators for a Variety of Businesses and Facilities

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Posted in Development/Redevelopment

On December 17, 2012

This article is the third in a series that deals with the legal implications of Superstorm Sandy, which devastated many areas of New Jersey on October 29, 2012. The resulting widespread power outages crippled many businesses which serve the public by providing essential services. To prevent that situation from recurring, a number of bills have been introduced in the New Jersey legislature which would require a variety of private businesses and facilities to install standby generators.

Lease Guarantors Beware – Traps for the Unwary

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Posted in Development/Redevelopment

On December 14, 2012

The Third Circuit has just issued a non-precedential ruling under New Jersey law reminding us how naked a naked lease guarantor can be, and how careful we have to be when reviewing “form” lease guaranties. In G&S Livingston Realty, Inc. vs. CVS Pharmacy, Inc., CVS was the guarantor of a lease in which the retail tenant had gone into bankruptcy and rejected the lease. Of course, absent other information, CVS would stand behind the obligations of the bankrupt retail tenant. In this instance, the retail tenant had options and rights under the lease which CVS as an ordinary guarantor was not able to take advantage of.

Commercial Tenant Relieved of Duty to Maintain Common Areas in N.J. Appellate Division Decision

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Posted in Development/Redevelopment / Environmental and Green Issues

On November 29, 2012

Commercial tenants in multi-tenant shopping centers can now breathe a sigh of relief as the New Jersey Appellate Division in Kandrac v. Marrazzo’s Market of Robbinsville, safeguards the boundaries of commercial tenant liability for business invitees, reiterating that a commercial tenant does not owe a duty to its patrons to maintain a common area, such as a parking lot, that the landlord is contractually obligated to maintain.

Bulking Up on Information About the NJ Bulk Sales Act

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Posted in Transactional Real Estate and Leasing

On November 28, 2012

Buyers, sellers and their attorneys are faced with some tough issues when applying the New Jersey bulk sales law to particular real estate transactions, such as short sales, transfers by deeds in lieu of foreclosure, auction sales, sign and close deals and real estate joint ventures. Given the frequency of such real estate transactions in the current market, knowing how best to comply with the New Jersey bulk sales law with respect to these transactions can be critical to closing these deals.

Rebuilding New Jersey After Sandy – Potential Property Tax Relief for Owners of Damaged Properties

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Posted in Development/Redevelopment

On November 26, 2012

This article is the second in a series that deals with the legal implications of Superstorm Sandy, which devastated many areas of New Jersey on October 29, 2012. Owners of property with a structure that has suffered substantial damage or that has been destroyed should be aware that they may qualify for a lower property tax assessment, which may result in lower property taxes next year.

NJDEP Temporarily Waives Permitting Requirements For Rebuilding Infrastructure After Sandy

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Posted in Development/Redevelopment / Environmental and Green Issues

On November 19, 2012

On November 3, 2012, less than five days after Hurricane Sandy washed away much of the Jersey Shore and its infrastructure, NJDEP Commissioner Bob Martin signed Administrative Order No. 2012-13 (the “Order”), temporarily waiving permitting requirements for State, County and Municipal agencies seeking to rebuild after the storm. The swift action of NJDEP unleashed a storm of its own from critical environmentalists worried that the rush to rebuild the devastated areas would recreate the same vulnerabilities.

Rebuilding New Jersey After Sandy – Hurdles for Nonconforming Uses

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Posted in Development/Redevelopment

On November 16, 2012

On October 29, 2012, Superstorm Sandy devastated many areas of New Jersey, with the coastal areas seeing unprecedented devastation. Residents and business owners from the Jersey Shore, including the bayshore areas, face the daunting task of rebuilding. Many business and property owners, however, cannot simply apply for a building permit to replace damaged structures. For many, it will be an uphill legal battle to rebuild. This is particularly true for property owners who had been operating nonconforming uses.

N.J. Appellate Court Clarifies That Owners of Pre-1993 Property Must Prove Due Diligence During Acquisition Under the Innocent Purchaser Defense Codified in the Spill Act

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Posted in Environmental and Green Issues

On November 14, 2012

On October 29, 2012, as Hurricane Sandy began its assault on the State, a New Jersey Appellate Court in New Jersey School Developments Authority v. Marcantuone created its own “storm” in Spill Act jurisprudence by holding that purchasers of contaminated property prior to September 14, 1993, can be liable under the Spill Act if they failed to conduct due diligence prior to purchase. In reaching this conclusion, the Appellate Division held that the long-standing 2001 decision in White Oak Funding, Inc. v. Winning had been superseded, in part, by the 2001 amendments to the Spill Act (“2001 Amendments”), which had been adopted a few weeks before the White Oak decision and became effective a week after the decision.

NJ Supreme Court to Hear Oral Argument on COAH Third Round Affordable Housing Regulations

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Posted in Development/Redevelopment

On October 26, 2012

On November 7, 2012, the New Jersey Supreme Court will be hearing oral argument as to whether the latest regulations adopted by the Council on Affordable Housing (“COAH”) are valid. Regardless of how the Supreme Court rules, the decision will have a far-ranging impact on the future of affordable housing in New Jersey and is being watched closely by developers, municipalities and public interest groups.

N.J. Court Finds No “Temporary Taking” During Abandoned Condemnation Proceeding

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Posted in Development/Redevelopment

On October 25, 2012

A New Jersey Appellate Court ruled against several landowners in Long Branch who sought compensation for losses they allegedly suffered during the pendency of a condemnation action that the city eventually abandoned. In the absence of an actual “declaration of taking,” the Court held in its October 16 opinion, the landowners were not entitled to compensation.

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