Category: Real Property Law

Pegill, Inc. v. 4 Palms, Inc.

LEASES; OPTIONS — Where a tenant, in order to exercise a purchase option, is required to include a deposit with its notice of exercise, but has a fear that such money might be diverted, it can seek such alternatives as depositing the money with court or seeking restraints against misapplication, but its failure to make the payment will otherwise be fatal to the option exercise.

• Opinion Date: December 23, 2011

University Cottage Club of Princeton v. Princeton Bor.

TAXATION; APPEALS — If a taxpayer only appeals its failure to receive a tax exemption, it cannot pursue an over evaluation complaint if time has run out for such an appeal even though its exemption may have been denied.

• Opinion Date: November 18, 2011

Housing Authority of the City of Bayonne v. Hanna

EVICTION; HOUSING AUTHORITY — Just because a jury finds that a public housing tenant fraudulently concealed or misrepresented an ownership interest in other property, such a verdict does not automatically entitle the housing authority to damages or give it the right to evict the tenant.

• Opinion Date: November 21, 2011

Briar Rose Group, Inc. v. Planning Board of the Township of Denville

ZONING; VARIANCES — Since variances should be granted sparingly, courts give much greater deference to a variance denial than to a grant.

• Opinion Date: November 18, 2011

Cam Gar v. Verona Township

TAXATION; CHAPTER 91 — Just because a tax assessor does not receive a Chapter 91 response, does not mean that the taxpayer did not send it; therefore, a taxpayer has the right to present credible evidence that it responded to the Chapter 91 request even though the assessor may not have received it.

• Opinion Date: November 9, 2011

Bonnabel v. Township of River Vale

COAH; BUILDER’S REMEDIES — If a court does not wish to rule on a builder’s remedy suit during the pendency of an ongoing Council on Affordable Housing suit, it should not dismiss the builder’s remedy suit if its concerns can be alleviated by measures other than a dismissal.

• Opinion Date: December 21, 2011

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.

• Opinion Date: November 18, 2011

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.

• Opinion Date: November 14, 2011

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.

• Opinion Date: December 19, 2011

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.

• Opinion Date: December 16, 2011