Category: Real Property Law

Suburban Jewelers, Inc. v. City of Plainfield

REDEVELOPMENT — Where a planning board and its municipality agree that an area is in need of redevelopment based upon reports discussing specific conditions of each property in the area and explaining in detail why those conditions rose to the level of obsolescence, dilapidation, and faulty design, the municipality has a reasonable basis to designate the area as in need of redevelopment.

• Opinion Date: May 6, 2010

Cuevas v. Zoning Board of Adjustment of the Township of Holmdel

ZONING — Even though an objector did not intervene in litigation over a variance denial that resulted in a remand to the land use board, when that objector sues to set aside the board’s subsequent and second resolution that results in approval of the variance, the objector is not limited to issues raised before the land use board after the remand and may raise issues arising out of the board’s initial, pre-remand hearings.

• Opinion Date: March 10, 2010

Spair v. 21st Capital Corp.

EQUITABLE SUBROGATION — Application of the doctrine of equitable subrogation is not barred by the gross negligence of the later lender.

• Opinion Date: January 11, 2010

AHS Hospital Corp. v. Town of Morristown

TAXATION; EXEMPTION — Professional offices located in a hospital, but used by physicians for profit-making purposes, and space used by a for-profit café are not exempt from real estate taxes as hospital active purpose properties because they are being used by private parties for profit-making purposes.

• Opinion Date: May 4, 2010

Austin v. Township of Pemberton

TAXATION; APPEALS — A tax appeal is properly dismissed for lack of prosecution only if the taxpayer fails to produce “some evidence” of the value of the subject property and expert testimony is not the only kind of evidence that can be presented.

• Opinion Date: April 28, 2010

New United Corporation v. County of Essex

CONDOMINIUMS — A condominium association has a responsibility to pursue claims for damages to the condominium’s common elements on behalf of the unit owners and if the association fails to act, unit owners may pursue such claims for damages as derivative claims.

• Opinion Date: April 19, 2010

Pugh v. Zoning Board of Adjustment of the City of Asbury Park

ZONING; NON-CONFORMING USES — The burden of proving the existence of a non-conforming use is by a preponderance of evidence not by the harsher clear and convincing evidence standard.

• Opinion Date: April 16, 2010

Westmont Development Group v. Township of Haddon

DEVELOPERS; REDEVELOPMENT — A municipality’s new administration has no express or implied obligation to continue the political and social policies of the previous administration nor to amend a redevelopment agreement to suit the developer.

• Opinion Date: April 13, 2010

First Horizon Home Loan Corporation v. Brown

FORECLOSURE; MORTGAGES; MERS — Even though a mortgage may be held in the name of MERS, where the actual note holder demonstrates that it is the beneficial owner of the note and mortgage, it has standing to pursue the foreclosure action in its own name.

• Opinion Date: April 12, 2010

Wells Fargo Bank, N.A. v. Ahmed

FORECLOSURE; MORTGAGES — The Chancery Division has the power to vacate a sheriff’s sale and order a resale of a property in its discretion based upon considerations of equity and justice including a significant disparity between a property’s assessed value and the successful bid.

• Opinion Date: April 1, 2010