Case Law Summaries

Samuelson v. Marks

SIDEWALKS—A municipal sidewalk ordinance does not create a tort duty on a residential property owner to repair a sidewalk.

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

Aarons v. Austoria Apartments, Inc.

SIDEWALKS—The liability imposed on a commercial property owner to maintain abutting sidewalks does not apply to owners of vacant land not being used for commercial purposes and which does not have the capacity to readily be so used.

• Opinion Date: May 3, 2001
• Real Property Law

Cooper v. Schneider

SIDEWALKS—Just because a commercial property owner’s sidewalk abuts a sidewalk on which a pedestrian fell, does not mean that the pedestrian can maintain a nuisance action against that property owner.

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

Cherry Hill Palace, L.L.C. v. Cherry Hill Township

REDEVELOPMENT; BLIGHT—In determining if a property is properly declared to be in need of redevelopment, a court can consider the availability of private capital to correct or ameliorate the blighted conditions.

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

Hirth v. City of Hoboken

REDEVELOPMENT; BLIGHT—A party need not file a written objection to a proposed blight determination in order to be entitled to seek judicial review of that determination.

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

Sull v. Norwood Self Storage

REASONABLE USE DOCTRINE—A landowner may alter drainage on its land in any way chosen so long as the altered drainage does not unreasonably injure neighboring land, and the test to be applied is a flexible one.

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

In re Rosa

RIGHT OF POSSESSION—A bankrupt debtor’s right to joint possession of a marital residence is a property interest worthy of protection in a bankruptcy proceeding.

• Opinion Date: April 17, 2001
• Real Property Law

Mercer Wrecking Recycling Corporation v. Maztec Environmental, Inc.

PUBLIC BIDDING; SUBCONTRACTORS—There is no general requirement that an out-of-state subcontractor listed by a contractor in a public bid needs to be authorized to do business in New Jersey at the time of bidding or that a corporate subcontractor must be in good standing at the time of bidding.

• Opinion Date: November 13, 2001
• Real Property Law

R.C.G. Construction Company v. The Mayor and Council of the Borough of Keyport

PUBLIC BIDDING; CONTRACTORS; REGISTRATION—The failure of a subcontractor, listed in a contractor’s bid, to be registered under the Public Works Contractor Registration Act at the time of bidding is a non-waivable material bid defect.

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

Borough of Princeton v. Board of Chosen Freeholders of the County of Mercer

PUBLIC BIDDING—A contract that mixes a real property conveyance, for which public bidding may not be required, with the provision of services, for which it would be required, must be offered for public bidding.

• Opinion Date: July 23, 2001
• Real Property Law