Case Law Summaries

McLaughlin v. Howell Township Zoning Board of Adjustment

TAXATION; AGRICULTURE — Since a horse breeding farm is an agricultural use, and farm labor houses are commonly, habitually, and by long practice established as reasonably associated with the primary use of a horse farm, the New Jersey Agriculture Development Committee has the authority to approve construction of farm laborer houses.

• Opinion Date: November 1, 2011
• Real Property Law

Rogers v. Holland Township Planning Board

ZONING; SUBDIVISION; EXTENSIONS — New Jersey law permits the expiration date of a subdivision’s approval period to be tolled when the approval is delayed due to litigation designed the public health and welfare.

• Opinion Date: October 31, 2011
• Real Property Law

Sam Young Corp. v. Lyndhurst General Services, LLC

CONTRACTS — Where a contract of sale for real estate imposes a material post-closing obligation on the seller, if that obligation is not satisfied before a corresponding seller’s take-back mortgage becomes due, the due date of the mortgage may be extended by a court.

• Opinion Date: October 13, 2011
• Real Property Law

D’Argenzio v. Bank of America Corporation

EQUAL CREDIT OPPORTUNITY ACT —The Equal Credit Opportunity Act requires lenders to give borrowers written notice of the specific reasons for adverse actions taken against them and this is intended to offer broad protection to all consumer borrowers not just members of a certain protected class.

• Opinion Date: November 21, 2011
• Business Law

Village Super Market, Inc. v. Estate of Saul Cantor

LEASES; DEFAULT; NOTICES — Absent particular additional requirements in a lease, a default notice need only inform a party of the alleged breach and, if applicable, provide it with an opportunity to cure the breach.

• Opinion Date: December 1, 2011
• Real Property Law

Evans-Francis Estates Associates, LP v. Township of Cherry Hill

TAXATION — Although the Tax Court can relax the requirement that taxes are current before a property tax appeal can be filed, it will not do so when the circumstances preventing the taxpayer from being current are reasonably foreseeable by the taxpayer.

• Opinion Date: November 9, 2011
• Real Property Law

Laridian Consulting, Inc. v. Bolanos

LOANS; JOINT ACCOUNTS — If a debtor can prove that the money in a joint account was contributed entirely by a non-debtor, then the judgment creditor is not entitled to those funds; otherwise, the judgment creditor is entitled to recover the debtor’s half of the funds.

• Opinion Date: November 7, 2011
• Real Property Law

New Jersey Real Estate Commission v. Petridis

BROKERS; FIDUCIARY DUTY — A real estate broker has a duty to ensure that the interest of his or her principal is paramount, and must place the interests of the principal ahead of his or her own, and this means it must continue to advise its customer of additional offers even while a contract is pending.

• Opinion Date: November 1, 2011
• Real Property Law

Woodmont Properties v. Meola Builders, Inc.

ZONING — If a land use board properly reviews extensive evidence and declines to impose specific conditions within approvals, it will not be found to have acted arbitrarily.

• Opinion Date: October 11, 2011
• Real Property Law

BP Products North America, Inc. v. Hillside Service, Inc.

FRANCHISES — Under the New Jersey Franchise Practices Act, a franchisor cannot refuse to renew a franchise agreement without good cause even if it argues that its franchisee should not have expected a renewal right.

• Opinion Date: September 14, 2011
• Business Law