Publications

New FHA Approval Process Proposed for Condo Developments

The Federal Housing Administration (FHA) is proposing regulations to make project approval for single-family condominiums more flexible and reflective of market conditions.

On Sept. 27, 2016, the agency said the intent is to regulate “where necessary to ensure financial soundness and project viability” but “retain the ability to be responsive to the market.”

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Eminent Domain Clarified in Reversal of $8.15M Award Against NJ Transit

A New Jersey appeals court, in a published decision that overturned an $8.15 million condemnation judgment against NJ Transit, has clarified two eminent domain issues.

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Princeton University To Pay $18.2M To Settle Suit Over Tax-Exempt Status

Princeton University agreed on Oct. 14, 2016 to pay $18.2 million to end a closely watched lawsuit that challenged the school’s property-tax exemption.

The settlement leaves unresolved some important issues engulfing tax exemptions for nonprofits. Still fresh is a 2015 ruling that Morristown Medical Center was not eligible for an exemption on most of its property; the hospital then settled for $15.5 million.

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Setback Dealt To Law Tying Tax Exemptions To Use of Unionized Contractors

A federal appeals court has reinstated a challenge to an ordinance that offers tax exemptions and abatements to private developers in exchange for project labor agreements that favor unionized contractors.

The U.S. Court of Appeals for the Third Circuit ruled on Sept. 12, 2016 in Associated Builders and Contractors Inc. v. City of Jersey City that the suit could proceed because the municipality was only a regulator and not a market participant in the matter.

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Setting the Record Straight on the Distracted-Driving Bill

New Jersey Law Journal

September 12, 2016 

Distracted driving—from tooth flossing to texting to changing clothes while behind the wheel—played a role in 190 fatal accidents and many more injuries in New Jersey in 2014. It was the top cause of fatal collisions that year, according to State Police.

Given such statistics, work to tackle the problem of distracted driving offers New Jersey our greatest opportunity to reduce deaths and injuries from auto accidents. To that end, Assemblyman Nicholas Chiaravalloti, D-Hudson, and I have sponsored A-1908, which would make distracted driving illegal.

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CGL Policy Covers Damage From Subcontractors’ Allegedly Faulty Work

The New Jersey Supreme Court held on Aug. 4, 2016 that a commercial general liability policy covers property damage caused by subcontractors’ allegedly flawed work.

The justices unanimously found that "The consequential damage caused by the subcontractors' faulty workmanship constitutes 'property damage' and the event resulting in the damage ... is an 'occurrence' under the plain language of the commercial general liability policies at issue here.”

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In Victory for Developers, Court Restricts ‘Time of Application Rule’

A New Jersey appeals court ruled on July 27, 2016 that the Time of Application Rule does not apply when a zoning ordinance is amended to permit a use sought in a variance application filed earlier.

The Appellate Division looked at legislative intent in reaching its published decision in Jai Sai Ram, LLC v. The Planning/Zoning Board of the Borough of South Toms River, A-2075-14.

At issue was the time of application rule, N.J.S.A. 40:55-D-10.5, which states that municipal development regulations in place at the time of the application govern its review. Provisions adopted later, except those relating to health and public safety, do not apply.

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Report From Counsel - Winter 2015

  • Federal Advertising Guidelines for Businesses
  • Case by Case
  • Arbitration Clauses in Employment Contracts
  • Life Insurance Can Be Part of Your Estate Plan
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Report From Counsel - Summer 2014

  • Small Businesses and Job Discrimination
  • Noncompetition Agreements and Arbitration
  • Real Estate Deals Gone Wrong
  • Estimated Taxes for Business Owners
  • Ensure Your Financial Privacy
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Report From Counsel - Spring 2014

  • Before you Start a Business
  • Estate Planning - Powers of Appointment
  • Public Use Required For Eminent Domain
  • Tax-Free Gains from Home Sales
  • Recreational-Use Immunity for Golf Injury
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