Casino Reinvestment Development Authority v. Birnbaum, ___ N.J. Super. ___  (App. Div. 2019).  On January 7, 2019, the Appellate Division decided Borough of Glassboro v. Grossman, ___ N.J. Super. ___  (App. Div. 2019), as discussed here.  The key takeaway from that opinion was that, under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -149 (“LRHL”), a municipal agency cannot condemn property for redevelopment unless there is a particular redevelopment project identified, tied to the proposed acquisition, and supported by proof.  Writing for that panel, Judge Sabatino stated that a desire to “stockpile a parcel for some possible future need in the redevelopment area,” what he called “take first, decide later,” was impermissible. read more

In reading an unpublished Appellate Division decision recently, I learned about the “two-court rule.”  That rule, which dates back at least as far as a 1949 Supreme Court of the United States decision, Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271 (1949), states that an appellate court will not “undertake to review concurrent findings of fact by two courts below in the absence of a very obvious and exceptional showing of error.” read more

New Jersey Land Title Association v. Rone, ___ N.J. Super. ___ (App. Div. 2019).  May a County Register or Clerk charge a surcharge or convenience fee when a document is filed electronically?  That was the question that today’s opinion by Judge Gilson had to answer.  Applying de novo review to this purely legal issue, the panel reversed a summary judgment in favor of defendant, the Essex County Register, and ruled that such charges are not permissible. read more

Tirpak v. Borough of Point Pleasant Beach, ___ N.J. Super. ___ (App. Div. 2019).  This per curiam opinion, issued today by a panel consisting of Judges Sabatino, Haas, and Sumners, affirms a decision of Judge Marlene Lynch Ford of the Law Division, Ocean County, substantially for the reasons that Judge Ford gave.  The issue was whether Judge Ford correctly invalidated a provision of a variance that had allowed a two-family residence in a single-family zone, and an associated deed restriction, that forbade plaintiff from renting to tenants both units of a two-family home that she owned.  Instead, there was a requirement that one of the units be occupied by the property’s owner. read more

State v. Berisha, ___ N.J. Super. ___ (App. Div. 2019).  None of us likes to admit our mistakes.  That includes judges, of course, though judges sometimes do change their minds, as discussed here. read more

All the Way Towing, LLC v. Bucks County International, Inc., ___ N.J. ___ (2019).  Plaintiffs (an individual and his company, treated as one plaintiff here) purchased a customized tow truck from defendant.  Though it was customized, any member of the public could have ordered and purchased a similar vehicle. read more

In both the Appellate Division and the Third Circuit Court of Appeals, most opinions issued are not precedential.  Sometimes, however, parties wish to have a not precedential opinion changed to a precedential one so that it can be cited by courts going forward. read more

Late last Friday, the Supreme Court announced that it has granted certification in five more cases.  There are four civil appeals and one criminal matter. read more