Shipyard Associates, L.P. v. City of Hoboken, ___ N.J. ___ (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Hoboken and certain of its agencies and officials. We did not do so in this case, and do not ordinarily represent the City in matters of this type.]. N.J.S.A. 40:55D-52(a) of the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-1 et seq., provides that “[t]he zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to [N.J.S.A. 40:55D-49] , whether conditionally...

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in light of the Covid-19 situation. Here are some summaries: The Supreme Court issued these opinions, the most recent of which (listed first below) was announced this morning: Barla v. Cliffside Park Bd. of Educ., ___ N.J. ___ (2020). At issue, on cross-motions for summary judgment, was the effect of a 2015 collective bargaining agreement that reduced a cap on...

Chartis Property Casualty Co. v. Inganamort, ___ F.3d ___ (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge Jordan, involved the question of whether defendants were entitled to coverage under their all-risk insurance policy with plaintiff when defendants’ 65-foot fishing vessel sank “enough to sustain serious damage.” The plaintiff insurer filed a declaratory judgment action seeking a ruling that there was no coverage. On cross-motions for summary judgment, the District Court ruled for the...