Gibbons Law Alert

Gibbons Law Alert

Tagged: New

Third Circuit Refused to Apply Ledbetter to Promotion Claims

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Posted in Discrimination

On November 10, 2010

On an issue of first impression in the Third Circuit whether “a failure-to-promote claim” constitutes “discrimination in compensation” as prohibited by the Lilly Ledbetter Fair Pay Act of 2009 (“FPA”) the Court of Appeals recently held that a failure to promote claim is not the same as a discrimination in compensation claim. Consequently, the Plaintiff in Noel v. The Boeing Company could not avail himself of the FPA’s more flexible statute of limitations period.

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions

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Posted in Development/Redevelopment

On November 5, 2010

Due to the current economic climate and project financing difficulties, Section 276(7)(c) of the New York Town Law was recently amended to allow planning boards greater flexibility in extending subdivision approval beyond the two ninety (90) day extensions previously allowed. Town Law 276(7)(c) provides that a conditional final subdivision plat expires 180 days following the date of the resolution of approval unless all conditions are satisfied. It further authorizes planning boards to grant two extensions, having a duration of ninety (90) days each, after expiration of the original 180-day timeframe for satisfaction of conditions of approval.

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer?

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On November 4, 2010

For a real estate developer in New Jersey, it seems that there is no “repose” when it comes to the finality of land use approvals. Repose you ask? While the word may garner images of warm weather days at poolside, a developer can only think of repose as the day the appeal period expires on hard-won land use approvals, especially after facing objecting citizens at multiple hearings.

Inside NJDEP: Agency Releases “Transformation Plan,” Posts Employee Complaints and Suggestions

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Posted in Environmental and Green Issues

On October 22, 2010

How can the New Jersey Department of Environmental Protection (NJDEP) be improved? The agency released two different perspectives on that question over the past few weeks: a “top-down” view in the form of a “Transformation Plan” for reforming NJDEP, and a “bottom-up” view in the form of a compilation of hundreds of complaints and suggestions from NJDEP employees.

NY Landlord May Use “Self Help” to Evict

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Posted in Transactional Real Estate and Leasing

On October 15, 2010

The New York Supreme Court, Appellate Term has just reaffirmed that a landlord, under certain circumstances, may evict a tenant utilizing classic “self help” and without court action. In Sol De Ibiza, LLC v Panjo Realty, Inc. the landlord, after the tenant failed to comply with various rent demands, padlocked the door – which padlock the tenant then cut off – and which the landlord then replaced.

In Rare Application of Waiver Doctrine, Federal Court Holds That New Jersey Gave Up Right to Seek Natural Resource Damages at Contaminated Site

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Posted in Environmental and Green Issues

On October 13, 2010

It is difficult for a defendant to avoid a claim by invoking the doctrine of waiver, which requires proof of a clear, unequivocal act showing that the plaintiff deliberately intended to relinquish a known legal right. It is doubly difficult when the plaintiff is the State of New Jersey, against which the application of the doctrine is, in the words of a leading Supreme Court case, to be “most strictly limited.”

It Wasn’t Yours to Begin With: New Jersey Supreme Court Holds That City Need Not Compensate Beachfront Condemnee for Land Created by Beach Replenishment Project

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Posted in Environmental and Green Issues / Transactional Real Estate and Leasing

On October 8, 2010

As discussed in a recent post, beaches have a way of generating difficult cases about when land-use regulations result in a compensable “taking” of property. A new opinion from the New Jersey Supreme Court reminds us that things can be just as complicated when the government takes beachfront property the old-fashioned way, via eminent domain.

New Jersey Legislature Extends Special Appraisal Rules for Land Preservation Efforts in Highlands Region

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Posted in Environmental and Green Issues / Transactional Real Estate and Leasing

On September 24, 2010

Owners of land subject to the 2004 Highlands Water Protection and Planning Act (Highlands Act) who preserve their land under the Green Acres Program or the State Farmland Preservation Program will benefit from special appraisal rules for five more years, thanks to legislation signed into law by Governor Christie on September 9. Under the “dual appraisal” provision, which expired last year but has now been extended to 2014, landowners receive two appraisals — one based on current property value, and one based on pre-Highlands Act zoning and other restrictions — and the higher appraisal is used as the basis for negotiation with the State on the appropriate payment.

Russ Bershad Featured in Real Estate Weekly’s Industry Leaders Article

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Posted in Transactional Real Estate and Leasing

On September 23, 2010

Russell Bershad, Co-Chair of the Gibbons Real Property & Environmental Department, was featured as an Industry Leader in the August 25, 2010, issue of Real Estate Weekly. Real Estate Weekly noted, “In one of the most challenging real estate environments in recent history, Bershad has expanded what is one of New Jersey’s busiest regional practices.”

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