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Aug 12

Governor Christie Will Not Re-Nominate Justice Hoens to the Supreme Court

Posted by Bruce D. Greenberg on Aug 12, 2013 in Supreme Court of New Jersey | 0 comments
Governor Christie announced today that he will not re-nominate Justice Hoens to the Supreme Court once her initial seven-year term expires later this year.  Instead, he is nominating Judge Faustino J. Fernandez-Vina, who currently serves as Assignment Judge in the Superior Court, Camden County. Governor Christie attributed his decision not to re-nominate to Justice Hoens to statements of Democrats in the Senate.  He specifically identified Senator Raymond Lesniak (D-Union) as the reason why Justice Hoens would not be re-nominated.  Senator Lesniak has been quoted as saying that Senate...
Aug 6

Railroad Can Take Private Property if “Not Incompatible With the Public Interest” and as “The Exigencies of Business May Demand”

Posted by Bruce D. Greenberg on Aug 6, 2013 in Administrative agency actions, Constitutional law, Judges, Standards of review, Statutory interpretation | 0 comments
Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013).  New Jersey law allows railroads and public utilities to take private property by eminent domain.  N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits takings to what “the exigencies of business may demand.”  This opinion by Justice Hoens, for a unanimous Court, addresses the meaning of those terms in the context of a taking by the plaintiff railroad. The railroad sought to expand its freight facility in Secaucus. ...
Jul 23

Relaxed Standard of Coventry Square, Not Stricter Standard of Medici, Applies to Proof of Negative Criteria for Conditonal Use Variances

Posted by Bruce D. Greenberg on Jul 23, 2013 in Judges, Municipal land use, Supreme Court of New Jersey | 0 comments
TSI East Brunswick, LLC v. East Brunswick Bd. of Adj., 215 N.J. 26 (2013).  The Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-70(d)(3), authorizes applications for conditional use variances.  A conditional use is one that is permitted by ordinance provided that the applicant meets all the conditions for that use that the ordinance prescribes.  An applicant who cannot meet all the conditions for such a use can seek a conditional use variance.  This is in contrast to a use variance, which seeks permission for a use that is otherwise forbidden in the zone.  Both use variances and...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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