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Searching Content indexed under Litigation, Mediation & Arbitration by Katharine A. Coffey ordered by Published Date Descending.
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Appellate Division Reverses Tax Court On Kean University Restaurant Tax Exemption
In a case of first impression, New Jersey's Appellate Division reversed the Tax Court's decision in Gourmet Dining, LLC v. Union Township, 30 N.J. Tax 381
United States
1 Jul 2019
2
Nonprofit Permitted To Bring LAD Claim Against Objectors To Land Purchase
Efforts by a New Jersey nonprofit to purchase a group home for autistic individuals were allegedly sabotaged by a handful of neighbors who resorted to intimidation, sham offers, trespass and other neighborhood pressure to stifle the acquisition.
United States
27 Dec 2018
3
Appellate Division Upholds Municipal Ordinances Imposing Regulatory And Inspection Fees On Landlords
On August 29, the New Jersey Appellate Division affirmed the decisions of several trial courts, ruling that a municipality may enact inspection and other "regulatory" fees on owners of rental properties.
United States
7 Sep 2018
4
Arbitration Agreement Between Homeowners And Builder Does Not Bind Homeowner Association
A homeowner association is not bound by an arbitration agreement between the developer and individual homeowners where the association asserts claims on its own behalf.
United States
28 Nov 2017
5
NJ Supreme Court Clarifies When Causes Of Action For Construction Defects Accrue
The New Jersey Supreme Court recently held that the statute of limitations for construction defects begins to run when any owner in the chain of title knew or should have known of the defects.
United States
22 Sep 2017
6
$8.1m Award For Taking Reversed Due To Error On Presumption Of Use Variance And Road Dedication
In an unusual step, the Appellate Division recently reversed the Law Division due to "prejudicial error" in permitting defendant condemnees' experts to "offer trial testimony which was legally inadequate and legally incorrect".
United States
26 Oct 2016
7
The Discovery Rule Applies To Resurrect Consumer Fraud Claim On Property Sale
The six-year statute of limitations was effectively tolled until the plaintiff discovered the wrongdoer knew of the falsity of the statement and intended the plaintiff to rely on it.
United States
23 Aug 2016
8
Time Of Application Rule Does Not Apply To Bar A Permitted Use
The New Jersey Superior Court held that the Time of Application Rule does not apply to bar a permitted use or require an applicant to re-file a development application...
United States
3 Aug 2016
9
Appellate Division Clarifies Standard For Property Nuisance Claims
The trial record indicated that the trees naturally grew on the land and that the defendants had not planted the trees.
United States
3 May 2016
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