U.S. Dist. Court, D. New Jersey, Civ. No. 2:11-5094(KM) (MAH), November 21, 2016: State law claims against conservation easement holder not dismissed.
The relevant cast of characters in this matter are Huff, managing member of Ecotone Farm LLC (Ecotone), the Plaintiffs; the Wards, neighbors to the farm property, Defendants; Fox, the Township Engineer, also a Defendant; and [...]
NJ Super. Ct Appellate Division, Nos. A-5541-11T1, A-6364-11T1, June 20, 2014: Hearing required to amend conservation easement.
As of this writing the opinion is not approved for publication.
In 2001 the Italian American Sportsmen’s Club, Inc. (“IASC”) and developer Crestwood obtained approvals from the New Jersey DEP, including a wetlands transition area waiver (“the 2001 TAW”), to subdivide [...]
Supreme Court of New Jersey,No. A-116 September Term 2010 065540, April 4, 2013: Inspection under wetlands permit on conservation easement constitutionally permitted.
The Hubers’ residence includes land subject to a wetlands permit under New Jersey’s Freshwater Wetlands Protection Act (FWPA; N.J.S.A. 13:9B-1 to -30) and a deed restriction/conservation easement to their Township. After a neighbor complained about [...]
U.S. Court of Appeals, Dist. of Columbia Circuit, No. 10-7135 February 3, 2012: Holds that City has standing in federal court to challenge Conrail sale of historic structure formerly used for rail purposes.
Conrail sold a six-block, half-mile long stone structure it owns “in the heart of Jersey City’s historic downtown” (Harsimus Embankment) to developers. The State [...]
NJ Appellate Div., No. A-3601-09T2, Dec. 30, 2010: Affirms that plaintiff’s contention she was at historic battleship just for fun, not educational purpose, has no bearing on applicability of state’s charitable immunity act.
Decision available [...]
United States District Court, District of Columbia, No. 09-1900, No. 14., 39, September 28, 2010: The City, Rails to Trails Conservancy (RTC) and a community coalition (Coalition) lacked standing to ask the court to block Conrail from abandoning rail property and selling it to a developer planning non-rail uses without first obtaining Surface Transportation Board (“the [...]
Superior Court of New Jersey, Appellate Division, No. A-5380-06T1, July 30, 2010: Held that an allegation of intentional nuisance is not sufficient to remove a private nuisance claim from the purview of the NJ Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4. Farmer Raub’s residential neighbors brought a nuisance action in Superior Court against Raub [...]
Superior Court of New Jersey, Appellate Division, No. A-2391-08T2, June 25, 2010: A 2007 legislative amendment retroactively increasing the number of days of public access required for a certified historic site to get a tax exemption was upheld as applicable to the petitioner Cottage Club despite an earlier NJ Supreme Court order. At issue was whether [...]
Jan. 18, 2010
New Jersey amended its Right to Farm Act to allow for renewable energy facilities on preserved farmland. Chapter 213 of the Laws of 2009 encourages solar, wind and biomass facilities. According to an article on the website of Lowenstein Sandler PC, “The new law allows the owner of preserved farmland to construct and operate [...]
Superior Court of New Jersey Appellate Division, Docket No. A-1253-08T2, March 15, 2010
In an unpublished opinion the court held the New Jersey Agriculture Development Committee’s (SADC) denial of the Township’s application for reimbursement of a portion of the price paid to buy a certain farm property with the intention to preserve most of it as farmland [...]
Superior Court of New Jersey, Appellate Division No. A-4001-08T2. Decided February 16, 2010 (unpublished)
This New Jersey appeal raised the question of whether a permit for a revised scope of construction issued by a municipal Zoning Officer for a property subject to the oversight of Jersey City’s Historic Preservation Commission pursuant to Jersey City Code §§ 345-9 [...]