Gibbons Law Alert

Gibbons Law Alert

Author: Howard D. Geneslaw

Rebuilding New Jersey After Sandy – Legislation Would Require Standby Generators for a Variety of Businesses and Facilities

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Posted in Development/Redevelopment

On December 17, 2012

This article is the third in a series that deals with the legal implications of Superstorm Sandy, which devastated many areas of New Jersey on October 29, 2012. The resulting widespread power outages crippled many businesses which serve the public by providing essential services. To prevent that situation from recurring, a number of bills have been introduced in the New Jersey legislature which would require a variety of private businesses and facilities to install standby generators.

Nonconforming Use Determination Places Connecticut Liquor Permit at Risk

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Posted in Development/Redevelopment

On June 4, 2012

In a recent decision of the Superior Court of Connecticut, Fairfield Judicial District, captioned Urban Girls, Inc. v. Zoning Board of Appeals of Bridgeport, the Court was confronted with an interesting set of issues involving the intersection of the alleged lapse of a nonconforming use and the resulting loss of the right to utilize a liquor permit. The Court found that the Zoning Board of Appeals applied the incorrect standard by following the Bridgeport zoning regulations, which had not been amended to reflect amendments to the State’s zoning laws. Thus, the matter was remanded to the Zoning Board of Appeals to make a determination on whether there was an intent to abandon the nonconforming use, which would be determinative on the status of the liquor permit.

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct

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Posted in Development/Redevelopment

On May 31, 2012

In its recent decision in the Matter of Kempisty v. Town of Geddes, the Appellate Division, Fourth Department, provides an important reminder to approving authorities that conditions attached to the approval of site plans must have some legitimate relationship or “nexus” to the project’s impacts or they will be stricken. Although the case breaks no new ground, it does effectively outline the considerations that should be applied when determining whether to impose conditions of approval.

Orange County Clerk’s Office Closes, Preventing Property Searches and Threatening to Delay Real Estate Closings

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Posted in Transactional Real Estate and Leasing

On September 12, 2011

Due to building conditions resulting from recent heavy rains, the County Executive of Orange County, New York, closed indefinitely the Orange County Government Center as of 3:00 p.m. last Thursday. In a press release, Orange County Executive Edward A. Diana announced having “ordered that the building be closed until further notice as we evaluate and remediate the situation.” The Orange County Government Center houses the County Clerk’s Office, among other government offices.

ICSC Philadelphia Dealmaking is Upcoming – New Date Scheduled

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Posted in Development/Redevelopment

On September 7, 2011

The International Council of Shopping Centers (ICSC) annual PA/NJ/DE Idea Exchange is coming up soon. Although the show usually is held in mid-September, this year it has been pushed back to October 12-13. As in the past, the show will be held at the Pennsylvania Convention Center and will provide an opportunity for real estate professionals to network and focus on getting deals done.

One Month After RECON — The Outlook for the Second Half of 2011

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Posted in Development/Redevelopment

On July 1, 2011

This week marks both the one-month mark since the International Council of Shopping Centers’ (ICSC) annual RECON conference, as well as the end of the first half of 2011. RECON attendance surpassed 30,000 attendees for the first time since 2008, but still remains substantially off attendance levels reached several years ago. Although there was a fair amount of activity at this year’s show, particularly in the retail area on the second floor of South Hall, impressions of the climate for getting deals done were mixed, much like the economic indicators which have been circulating in recent months. Nevertheless, cautious optimism seems to be a fairly common theme in the retail sector for the remainder of 2011, and somewhat more enthusiastic optimism for 2012 and beyond.

New Jersey’s Time of Application Law Takes Effect Today to Lock in Zoning

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On May 5, 2011

The long-awaited “time of application” law, which locks in zoning under New Jersey’s Municipal Land Use Law at the time an application for development is filed, takes effect today. The law was intended to undo the “time of decision” rule under which the New Jersey Supreme Court, in Manalapan Realty v. Township Committee, 140 N.J. 366 (1995), decided that a municipality could change its zoning to negatively affect or even prohibit a project which was already under review by the municipal planning board. As a result, developers often were at peril if community opposition developed during the review and approval process and a change in regulations followed.

Deadline to File Real Estate Tax Appeals in New Jersey is Rapidly Approaching

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Posted in Transactional Real Estate and Leasing

On February 28, 2011

The deadline to file real estate tax appeals in New Jersey to challenge the assessment of real property is April 1 (or 45 days from the bulk mailing of assessment notices, whichever is later). Given widespread declines in market values in recent years, there may be an opportunity for property owners — particularly owners of multifamily, commercial and industrial property — to reduce their assessments, and hence their property taxes, by filing a tax appeal.

Gibbons Exhibits at New York ICSC Show Amid Upbeat Mood

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Posted in Development/Redevelopment

On December 17, 2010

For the seventh year in a row, the Gibbons Real Property & Environmental Department exhibited at the International Council of Shopping Centers’ (“ICSC”) National Conference and Deal Making Idea Exchange in America’s Hall II at the Hilton New York earlier this month. The buzz at the show was optimistic this year, similar to the upbeat mood at the September PA/NJ/DE Idea Exchange in Philadelphia, with over 6,000 attendees and 340 exhibitors “deal making” throughout the Hilton New York and the Sheraton New York Towers & Hotel. Along with the six Gibbons attorneys, the show was also attended by shopping center owners, developers, managers, marketing specialists, investors, lenders, retailers, and other professionals.

Gibbons to Exhibit at ICSC New York National Conference & Deal Making

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Posted in Development/Redevelopment

On December 3, 2010

The Gibbons Real Property & Environmental Department will once again exhibit at the International Council of Shopping Centers (“ICSC”) National Conference & Deal Making Idea Exchange at the Hilton New York on December 6-7. The Department’s booth will be in the same location as prior years, #490 in America’s Hall II. Stop by and meet with some of the Department’s six attorneys who will be attending. Show hours are Monday, December 6, from 9:00 am to 5:30 pm, and Tuesday, December 7, from 8:30 am to 4:00 pm.

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