by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
What is spot zoning? That was one of the questions before the Appellate Division of the Superior Court of New Jersey in Hal Holding, LLC v. Mount Laurel Township, A-1340-10T2, 2012 WL 1556301 (N.J. Sup. Ct. App. Div. May 4, 2012.) In that case, the parties were...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et al., Docket No. L-2577-07 (Law Div. July 25, 2013). In...
by Gary Nissenbaum | May 10, 2024 | Business Lawsuit Blog
May an individual whose rights have been affected by a municipal ordinance seek a declaratory judgment? The Supreme Court of New Jersey has construed the Declaratory Judgments Act in a way that allows such individuals to seek declaratory action. Bell v. Stafford Tp.,...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
When has a landlord materially deprived its commercial tenant of an expected and intended use of a premises, as required for constructive eviction? The Supreme Court of New York, Appellate Division for the First Department addressed this question. Pacific Coast...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
In 1561 Irving, LLC v. Francisca Lopez, No. A-1150-10T3, 2012 WL 3115043 (N.J. Super. Ct. App. Div. Aug. 2, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: if a landlord makes renovations to commercial...