Case Law Summaries

In Re Petition of the University Cottage Club of Princeton New Jersey Corp.

TAXATION; HISTORIC SITES — The 2007 legislative amendments to the 2004 amendments of the law governing historic site tax exemptions were curative legislation to make clear the intent of the 2004 amendment and such curative legislation is permitted as retroactive tax legislation.

• Opinion Date: June 25, 2010
• Real Property Law

Borough of Cliffside Park v. Estate of Catanzaro

CONDEMNATION; VALUATION — A jury verdict, even when setting a condemnation award, must stand unless it is so distorted and wrong as to manifest a plain miscarriage of justice.

• Opinion Date: June 23, 2010
• Real Property Law

Ackerman v. Howell Township Zoning Board of Adjustment

ZONING; PERMITTED USES — Where a property owner alleges that he or she is engaging in a hobby, and not a business, at his or her home, but the facts reveal the actual activities being conducted were not merely those of participating in a hobby, but actually were the operation of a continuing and regular business, the owner is in violation of the municipality’s zoning ordinance by reason of actually operating a hobby-business.

• Opinion Date: June 23, 2010
• Real Property Law

Powerhouse Arts District Neighborhood Association v. City Council of the City of Jersey City

REDEVELOPMENT; BLIGHT — Under the Local Redevelopment and Housing Law, an area designated in need of redevelopment is not indivisible and may be joined with other areas or parts of other areas already blighted for redevelopment purposes.

• Opinion Date: May 17, 2010
• Real Property Law

Hebner v. Rodriguez

LANDLORD-TENANT; SECURITY DEPOSITS — Even though a landlord may violate the notice provisions of the Security Deposit Act, if the tenant is not entitled to return of any portion of his or her residential security deposit, the tenant is not entitled to statutory doubling despite the landlord’s failure to give proper notice following the tenant having vacated the property.

• Opinion Date: April 26, 2010
• Real Property Law

MMU of New York, Inc. v. Grieser

FORECLOSURES; JUDGMENTS; CREDITS — Even though there is no statutory provision that would give a judgment debtor, in a foreclosure of a non-mortgage lien, a credit for the fair market value of the property when sold for only a nominal value at a sheriff’s sale, a court has inherent equity authority to allow such a credit in order to prevent a double recovery by the judgment creditor.

• Opinion Date: August 4, 2010
• Real Property Law

In Re Brookdale Gardens Association, Inc.

BANKRUPTCY —When a party controls an entity and attempts to place the entity into bankruptcy even though the entity is not in financial stress, and only does so to obtain a litigation advantage in a parallel state court litigation, the petition in bankruptcy will be rejected and the party who caused the filing will be sanctioned.

• Opinion Date: May 20, 2010
• Business Law

Hovbilt, Inc. v. Lair

BROKERS; QUANTUM MERUIT — Even though a real estate broker may be entitled to quantum meruit damages where a written brokerage agreement does not exist, the broker will not be entitled to such as remedy if it had failed to act in good faith even though a benefit was conferred upon its customer.

• Opinion Date: February 25, 2010
• Real Property Law

O’Rourke v. Township of Fredon

TAXATION; APPEALS — Neither a municipality nor a County Board of Taxation may impose a postmark rule with respect to the filing of tax appeals because there is no statutory party to allow such a rule and the requirement of such appeals is that they be filed on or before the deadline date and that copies be sent to the tax assessor and the Municipal Clerk by that date.

• Opinion Date: June 9, 2010
• Real Property Law

Needle v. Byram Cove, Inc.

CORPORATIONS — Where an officer or a former officer of a corporation, who also acts as a registered agent, seeks to avoid a law suit against him or her based upon a lapse of the corporation’s charter of which he or she had or should have had knowledge, he or she will be estopped from doing so even though the corporation would otherwise have no standing to sue, but a court should withhold the ability of the corporation to realize any resultant monetary judgment until the corporation’s charter has been reinstated.

• Opinion Date: June 24, 2010
• Business Law