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New Jersey

Dec 20, 2011

Morristown Hyatt Gets a Tax Refund with Successful Freeze Act Application

In Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown, Fifth Roc, the owner of the Morristown Hyatt, represented by my colleagues Carl Weisenfeld and Nick Pellitta, successfully challenged an $8 million “added assessment” by the Town of Morristown on its property for 2009,  under the “Freeze Act,” N.J.S.A. » Read More

Oct 20, 2011

The Landlord’s Liens

I previously wrote in this blog about the distraint process available to commercial landlords in New Jersey – a sometimes cumbersome process the purpose of which is to put into the landlord’s pocket at least some of the back rent due from a defaulting tenant (see The Distress of Distraint). » Read More

Sep 09, 2011

For Those Affected by Hurricane Irene: EDA Will Help Hurricane-Ravaged Businesses Rebuild

On September 6, the NJ EDA approved an emergency measure to make it easier for businesses that were destroyed by Hurricane Irene to receive upfront cash to rebuild while waiting for the insurance money to arrive. The unanimously approved changes to EDA’s Main Street program include an increase in the line of credit from $250,000 to $500,000 for businesses that have insurance, and to have more banks participate in the program, from the current 14 to 44. » Read More

Aug 19, 2011

Access to a Neighbor’s Property for Remediation Purposes

New Jersey is one of the most densely populated states in the country and the mid-Atlantic corridor to the Northeast. It is legendary for some of its environmental problems, and consequently, is a favorite target of stand-up comics. All joking aside, New Jerseyhas no shortage of commercial properties that are in need of environmental remediation, and that have contamination migrating onto other properties.  » Read More

Jul 21, 2011

Commercial Landlord Has an Implied Obligation to Maintain Shopping Center

On July 7, 2011, the New Jersey Appellate Division affirmed a trial court ruling that where a lease requires a tenant to operate a “quality jewelry store” in a “first class and reputable manner,” the landlord has an implied obligation to maintain the shopping center in a good condition. » Read More

Jul 21, 2011

IN THE NEWS: Bill Being Debated by New Jersey Leaders Would Decrease Municipal Oversight

NJ.com reports: Bill passed by state Senate, headed to the Assembly in the Fall, would prevent municipalities from conducting routine inspections of apartment buildings or charge for them, making those duties the sole domain of the state.  Opponents of the bill say the municipal inspections save lives.   » Read More

Jun 03, 2011

Brownfields Fund Is Shut Down

The State announced Thursday, June 2, 2011, that the Hazardous Discharge Site Remediation Fund (HDSRF), which helps developers and communities clean up brownfields sites, has run out of funds and is being shut down.  Although the HDSRF is supposed to receive constitutionally dedicated funding via the corporate business tax, the Christie Administration proposes to divert any new monies generated by that tax to balance next year’s budget.  » Read More

May 24, 2011

IN THE NEWS: New Jersey’s Retail Space Vacancy Rate Up

NJ BIZ reports: “The retail space vacancy rate has increased to 9.3 percent along the major highway shopping corridors of northern and central New Jersey, from 8.9 percent in 2010 and 7.8 percent in 2009, according to an annual survey by R.J. » Read More

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