Case Law Summaries

Geese Police, Inc. v. Township of Howell Zoning Board of Adjustment

ZONING; AGRICULTURE—Raising dogs that are trained to control geese, though esoteric, can constitute an agricultural use.

• Opinion Date: June 26, 2001
• Real Property Law

The Medical Center at Princeton v. The Township of Princeton Zoning Board of Adjustment

ZONING; ACCESSORY USES—Accounting, public relations, planning, fund-raising, and purchasing offices in separate facilities, if necessary to a hospital’s functioning, geographically proximate, and closely related to the hospital’s core use, may be accessory hospital uses entitled to the presumption that they are inherently beneficial uses for zoning purposes.

• Opinion Date: June 28, 2001
• Real Property Law

Omnipoint Communications, Inc. v. Board of Adjustment of Township of Marlboro

ZONING—The remedy for a land use applicant whose application is not voted upon within the statutory period is to apply to the court in a summary manner for an order compelling the board to reduce its findings to writing.

• Opinion Date: May 15, 2001
• Real Property Law

In re Permit Application for Harbor Reef Townhouse Development

WETLANDS—Wetlands are properly encompassed within the term “waters” and not within the term “lands” when applying infill regulations.

• Opinion Date: April 18, 2001
• Real Property Law

Ezyske v. New Jersey Department of Environmental Protection and Energy

WATERFRONT DEVELOPMENT—The Department of Environmental Protection can refuse to grant a Waterfront Development Permit on the grounds that the project would harm sea grasses.

• Opinion Date: July 17, 2000
• Real Property Law

Powder Hollow Limited Partnership I v. Powder Hollow Associates

USE AND OCCUPANCY; DAMAGES—A contract buyer that occupies the subject property for a long time before its contract is held to be unenforceable may have to compensate its seller whether those damages are liable as use and occupancy fees or are based on some other theory to avoid unjust enrichment.

• Opinion Date: November 19, 2001
• Real Property Law

State v. Cavallo

TRESPASS; LICENSES—A person that enters another’s land under a license agreement can be guilty of criminal trespass if the license was for a limited purpose and the entry was for a different purpose.

• Opinion Date: May 11, 2001
• Real Property Law

A-Bove Environmental Services, Inc. v. Purpuro

TRAILER PARKS; TANKS—An underground fuel tank servicing a long-term tenant of a trailer park is personal property, and an appropriate allocation of the cost to clean up a tank leak can be made entirely against the tenant.

• Opinion Date: November 7, 2001
• Real Property Law

Home Properties of New York, L.P. v. Ocino, Inc.

TIME OF THE ESSENCE; WAIVER—Continuing to negotiate with the other party even after a time of the essence closing date has been set does not necessarily result in a waiver of the time of the essence requirement.

• Opinion Date: July 2, 2001
• Real Property Law

Crusader Servicing Corp. v. City of Wildwood

TAX SALES; INTEREST RATES—Where a tax sale certificate is erroneously sold by a municipality and the lienholder makes subsequent years’ tax payments in reliance on the certificate, the municipality is obliged to return the tax payments with interest at the full certificate rate, not just at the “tort” rate.

• Opinion Date: June 12, 2001
• Real Property Law