Gibbons Law Alert

Gibbons Law Alert

Tagged: Development/Redevelopment

The Price Must Be Right: U.S. Supreme Court Extends “Nexus” and “Rough Proportionality” Requirements to Monetary Exactions Linked to Development Proposals

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Posted in Development/Redevelopment

On July 3, 2013

It has long been the law that regulators may not condition the grant of a land-use permit on the owner’s relinquishment of an interest in the property unless there is both a “nexus” and “rough proportionality” between the government’s demand and the effects of the proposed land use. In a case that may have been overlooked amidst several landmark decisions handed down in the same week, the U.S. Supreme Court ruled that these requirements also apply to monetary exactions.

Gibbons Director Howard Geneslaw to Speak at Upcoming NJSBA & NJICLE Land Use Program

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Posted in Development/Redevelopment

On June 13, 2013

Land use lawyers play a very important role in the building process in New Jersey. Navigating all of the litigation hurdles that can come up while the project progresses, from conception to development, requires specific skills, knowledge, and strategy. Land use attorneys are heavily involved in actual project development, whether the client is a private party, local government, or state agency. It is important to stay up-to-date on the various types of land use litigation scenarios that can arise.

Gibbons Advises NAIOP Award Winners on “Office/Mixed Use Deal Of The Year ” and “Industrial Deal of the Year”

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Posted in Development/Redevelopment

On June 10, 2013

The New Jersey Chapter of the National Association of Industrial and Office Properties (NAIOP – NJ) has named the development deal between Bayer Healthcare and Vision Equities/Rubenstein Partners as its “Office/Mixed Use Deal of the Year” and Ahold eCommerce’s Pulaski Distribution Center as its “Industrial Deal of the Year.” Gibbons P.C. played a significant role on behalf of Bayer in this deal, and the firm assisted Ahold in its complex transaction.

New York State Comptroller Sets Forth Options for Revitalizing State’s Brownfield Cleanup Programs

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Posted in Development/Redevelopment

On May 13, 2013

Late last month, New York State’s Comptroller, Thomas P. DiNapoli, issued a report reviewing options for modifying the way the state incentivizes and administers cleanups of its thousands of remaining brownfield sites. The Report has special significance in light of Mr. DiNapoli’s expertise in this area: he is a former Chair of the State Assembly’s Environmental Conservation Committee and one of the architects of the state’s Brownfield Cleanup Act, passed in 2003.

New Report Considers Options For Tweaking Brownfields Programs in NY

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Posted in Development/Redevelopment

On May 2, 2013

New York State was among the first to enact programs aimed at remediation and redevelopment of contaminated sites. The goal of such programs is both to promote economic revitalization and to encourage private entities to remediate the state’s contaminated sites. Three such programs, the Voluntary Cleanup Program (“VCP”), the Environmental Restoration Program (ERP), and the Brownfield Cleanup Program (“BCP”), have achieved considerable success, with over 400 sites having been remediated in the past two decades. Nevertheless, policy makers continue to search for ways to make these programs better and more cost efficient. Prompted by the impending expiration of key provisions of the BCP, a report released by the New York State Comptroller’s office in April 2013, provides an assessment of these programs, as well as some options for improvement going forward.

Got Those Supplier Ascertaining Allocation Blues?

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Posted in Development/Redevelopment

On March 19, 2013

In L & W Supply Corp. v. Desilva, 429 N.J. Super. 179 (App. Div. 2012), the Appellate Division of the New Jersey Superior Court concluded that, in certain circumstances, a construction lien claimant has an obligation to inquire into the source of funds paid for materials provided for construction projects or face the loss of the right to file a lien. The decision fills in some of the contours of the supplier’s duty set forth by the Supreme Court in Craft v. Stevenson Lumber Yard, Inc., which held that a supplier has a duty to allocate payments based on what he knows or should know about the source of the payments. The new decision has ramifications for suppliers and owners.

Gibbons Director, David Freeman, to Speak at Upcoming Strafford Brownfield Webinar

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Posted in Development/Redevelopment / Environmental and Green Issues

On February 27, 2013

David J. Freeman, a Director in the Gibbons Real Property & Environmental Department, will speak at the upcoming Strafford webinar, “New Developments in Brownfield Redevelopment,” on Tuesday, March 19, 2013. Recently, brownfield development has grown more complex, creating new challenges on top of the pre-existing federal, state and local legal and regulatory requirements and permitting approvals. Mr. Freeman and his fellow panelists will discuss “hot topics” in brownfield redevelopment, including: Bona Fide Purchaser Requirements After the Ashley II Decision; Vapor Intrusion; Brightfields; Changes in Land Use; Financing; Environmental Justice.

Brand New Philadelphia Zoning Code Amended After Only 5 Months

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Posted in Development/Redevelopment

On January 31, 2013

Well that didn’t take long. Last August, following a four year process, the City of Philadelphia’s comprehensive new zoning code became law. Because of the law’s broad scope and sweeping changes, it was agreed that the Code would be revisited one year after its enactment to determine its effectiveness and to consider making any necessary changes. Yet, on January 24, 2013, a mere 5 months later ,the Philadelphia City Council, overriding a veto by Mayor Michael Nutter, passed Bill No. 120889 by a vote of 13-3 and amended the new Code, significantly complicating pre-hearing interaction between neighbors and developers which the Code was intended to streamline. While Council has enacted some minor “clean-up” amendments to the Code since August, this amendment could have substantial consequences.

Developer Alert: Philadelphia Looking to Establish Land Bank Under New State Legislation

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Posted in Development/Redevelopment / Tax Abatement

On January 29, 2013

The redevelopment of vacant and blighted parcels has been a cumbersome, frustrating and, in many cases unsuccessful, process for municipalities and developers alike. Pennsylvania’s new land bank legislation could change all that. Philadelphia, with its own land bank legislation is poised to take advantage of the state legislation.

Gibbons Director Howard Geneslaw to Speak at Upcoming 2013 New Jersey Planning Conference

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Posted in Development/Redevelopment

On January 25, 2013

Howard D. Geneslaw, a Director in the Gibbons Real Property & Environmental Department, will speak at the upcoming NJ Chapter of the American Planning Association’s 2013 New Jersey Planning Conference on, “The Use Variance: Whether, When and How?” The panel will cover New Jersey’s unique, ever changing concept of a policy variance.

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