Township of Manalapan v. Gentile, ___ N.J. ___ (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law Division erred in allowing the jury to hear testimony that the subject property’s highest and best use would require a variance without first having decided whether it was reasonably probable that the necessary variance would be granted. This issue was not new to the Court. In Borough of Saddle River v. 66 East Allendale, LLC, 216 N.J. 115 (2013), the defendant property owner had argued the highest...

Sanchez v. Fitness Factory Edgewater, LLC, ___ N.J. ___ (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (“RISA”), does not apply to health club or gym membership contracts. Mellet relied on the Supreme Court’s ruling in Perez v. Rent-A-Center, Inc., 186 N.J. 188 (2006), which involved rent-to-own contracts. The Supreme Court did not review Mellet. Today, the Court addressed the question of whether an “initiation fee” imposed by the defendant gym...

In re Russo, Jr., ___ N.J. ___ (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney since 1997. After clerking in the Superior Court, he entered private practice. He then served as an Administrative Law Judge for six years before being appointed to the Superior Court in December 2015. In January and April 2016, he received the training that new Family Part judges all receive, as well as training related to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. Nonetheless, in May 2016, at...