Skip to main content

Jordan v. Montgomery

MORTGAGES; SUBROGATION; FRAUD — Where a fraudulent deed, followed by a mortgage, is executed and the original mortgage is satisfied, and then a court restores the property to its rightful owner, the later lender is only equitably subrogated to what was paid to remove the original mortgage and any other liens from the property as those items existed when the later mortgage was granted.

Rockaway Shoprite Associates, Inc. v. City of Linden

ZONING; ORDINANCES — Notices of proposed amendments to zoning ordinances must, at a minimum, identify and summarize the new zones and uses, not just alert the public that some type of zoning amendment is being considered.

The Salt & Light Company, Inc. v. Willingboro Township Zoning Board of Adjustment

ZONING; VARIANCES — Although transitional housing for the homeless is an inherently beneficial use and thus satisfies the positive zoning criteria, if such housing only better serves homeless families and provides no more than a marginal public benefit, a zoning board may properly reject a use variance request.

Phillipsburg Riverview Organization, Inc. v. Town of Phillipsburg

TAXATION — Even though a property might otherwise be eligible for an exemption from real property taxes, if it is not being used exclusively for non-profit, tax-exempt purposes such as by being rented out for profit to persons or entities using the property for their own profit, the tax exemption will not be granted.

Green v. Morgan Properties

LEASES; ATTORNEY’S FEES; CONSUMER FRAUD ACT — If a lease provides that a landlord will be reimbursed for attorney’s fees, those fees may be collected even if the landlord uses an in-house attorney, but if the landlord seeks to collect more than its actual and reasonable attorney’s fees, then it may be guilty of illegal fee splitting and may be violating the Consumer Fraud Act.

P.E.M. Construction and Development Co., Inc. v. EnCap Golf Holdings, LLC

CONTRACTORS — Even though a statute may require a regional authority to approve plans and obtain performance bonds for its own benefit, if the contracted work is not for the benefit of that authority, then a contractor has no right to demand that the developer for a public project be required to obtain a performance bond.

Shearn v. Victoriana Condominium Association

CONDOMINIUMS; REASONABLE ACCOMMODATIONS — The duty to provide reasonable accommodations does not require one to do everything possible to accommodate a disabled person and where a condominium association is not unreasonable in denying a parking space while a unit owner is behind in paying maintenance fees, if it applies that rule regardless of whether a unit owner is disabled or not.

Sabbagh v. Hampton Condominium Association, Inc.

CONDOMINIUMS; TENANTS — A condominium association cannot assume that someone occupying an owner’s unit is a tenant because the mere fact that someone is occupying with the acquiescence of its owner does not by law or implication create a tenancy.

Kane Properties, L.L.C. v. City of Hoboken

ZONING — When a governing body, such a municipal council, reviews a zoning board’s decision, it may do so de novo and is not limited to determining if its own zoning board acted unreasonably.

Dare Investments, LLC. v. Chicago Title Insurance Company

TITLE INSURANCE; INTERPRETATION — The doctrine of reasonable expectations construing ambiguous provisions against an insurance company is only applied when the insurance company is the expert and unilaterally prepares the policy for an insured layman unversed in insurance provisions and practices; it does not apply where the insured is a sophisticated commercial entity.

Page 4 of 600 pages « First  < 2 3 4 5 6 >  Last »

66 Park Street • Montclair, New Jersey 07042
tel: 973-783-3000 • fax: 973-744-5757 •