Case Law Summaries

Fowler v. Borough of Westville

DISCRIMINATION; FAIR HOUSING ACT—It is not necessary to deny housing to violate the federal Fair Housing Act; discriminatory conduct alone will suffice.

• Opinion Date: May 16, 2000
• Real Property Law

Robinson v. City of Ventnor

DEVELOPMENT—A development agreement with a municipality for a project that was developed over forty years was found to call for compliance with engineering specifications as they changed over time and not just with the standards in effect at the beginning.

• Opinion Date: February 14, 2000
• Real Property Law

Hovsons, Inc. v. Department of Environmental Protection

DEVELOPERS; PERMITS—Although the Department of Environmental Protection has the authority to conditionally approve CAFRA permits, use of such authority is discretionary, not mandatory.

• Opinion Date: October 21, 1999
• Real Property Law

CKC Condominium Association, Inc. v. Summit Bank

DEEDS; SHERIFF’S SALE—A buyer at a Sheriff’s sale is not burdened with the obligations of ownership until the Sheriff’s deed is delivered.

• Opinion Date: November 29, 2000
• Real Property Law

Baim v. Ashburn Corporation

DEEDS; RESTRICTIVE COVENANTS—A restrictive covenant that bars use of a parcel for a particular competitive use does not bar use of that parcel for access to an unrestricted parcel that is engaged in that use.

• Opinion Date: February 3, 2000
• Real Property Law

Gogan v. Paton

DEEDS; RESTRICTIONS—Despite numerous violations over the years of a common development deed restriction, a court may find that the deed restriction may have only been modified, not abandoned.

• Opinion Date: October 31, 2000
• Real Property Law

Antonelli v. Antonelli

DEEDS; FRAUDULENT CONVEYANCES; EQUITY—A court refused to require one party to reconvey a property to another when the original conveyance was admitted by the claimant to have been made in the first place to defraud creditors.

• Opinion Date: May 15, 2000
• Real Property Law

Adlerstein v. Estate of Myra Fishman

DEEDS; COVENANTS—A claim based upon breach of a covenant against grantor’s acts must be premised on an act that encumbered the property; a claim that a grantor had discharged hazardous substances on the premises is inadequate.

• Opinion Date: November 6, 2000
• Real Property Law

Citicorp Mortgage, Inc. v. Musa

DAMAGES; FRAUD; CONCEALMENT—Where a seller fraudulently conceals hidden fire damage, a buyer is entitled to recover damages under the “benefit of the bargain” rule, comparing the value of the damaged property to its value without the damage.

• Opinion Date: July 26, 2000
• Real Property Law

Chavanna v. Gianni

CONTRACTS; SURVIVAL—A provision in a residential house sale contract clearly cutting off survival of representations and warranties by a selling homeowner will be enforced.

• Opinion Date: April 19, 2000
• Real Property Law