Garden State Inv. v. Twp. of Brick

In Garden State Inv. v. Twp. of Brick, the Appellate Division agreed with the Chancery Division that purchasers of tax sale certificates could not rescind the purchase and receive back taxes paid because they later learned that the properties subject to those taxes had a restrictive easement on them. The plaintiffs relied on Twp. of … Read more

431 E. Palisade Ave Real Estate v. City of Englewood

In 41 E. Palisade Ave Real Estate v. City of Englewood, the 3rd Circuit assessed the providence of the District Court’s order granting a preliminary injunction in favor of the developer of an assisted-living facility. The developer sought to build its facility in an area of town zoned for single-family homes, though the zoning code … Read more

Pineda v. Perry

In Pineda v. Perry, the Superior Court held that a party may appeal directly from the grant of a permanent injunction, even when judgment has not been entered. The Court then reviewed a dispute over an easement that was granted as part of a recorded subdivision. The Court held the easement remained and could only … Read more

MB Fin. Bank v. Rao

The Superior Court addressed standing in the context of a foreclosure action in MB Fin. Bank v. Rao. More specifically, the Court considered whether the plaintiff sufficiently proved that it owned a Lost Note Affidavit. The Court found that the pleadings and evidence at trial did establish the plaintiff’s ownership of the affidavit and thus … Read more

Catanzaro v. Pennell

In Catanzaro v. Pennell, the Superior Court reiterated the pleading standard necessary to succeed on a action to quiet title. The Court ruled that the plaintiff failed to adequately plead her case because she failed to assert that she and the defendant had a competing claim to title in the disputed real estate.

State v. St. Mary’s Church Gloucester

The Appellate Division ruled in State v. St. Mary’s Church Gloucester that the Eminent Domain Act of 1971 repealed a portion of N.J.S.A. 27:7-22. The latter statute had required the Commissioner of Transportation, upon taking property in eminent domain, to pay 6 percent interest on the judgment not previously held in ESCROW. However, the Eminent … Read more

Crispino v. Twp. of Sparta

The NJ Supreme Court determined in Crispino v. Twp. of Sparta that the methodology for valuing a special assessment under the Dam, Lake, and Stream Project Fund for an improvement on a private lake community’s dam is the same methodology found in Title 40. Under that test, the Court invalidated the special assessment at issue, finding … Read more