Category: 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

Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown

TAXATION; FREEZE ACT — Even in the absence of a direct tax appeal, the Tax Court can determine the validity of an added assessment imposed in a freeze year.

• Opinion Date: December 7, 2011

Carlson Family Foundation Inc. v. Borough of Paramus

TAXATION; CHAPTER 91 — Regardless of a taxpayer’s reporting period for income tax purposes, the taxpayer must furnish income and expense information for the period of October 1 through September 30 if the tax assessor so requires.

• Opinion Date: December 2, 2011

D. Russo, Inc. v. Romankow

ZONING; SEXUALLY ORIENTED BUSINESSES — A court, when determining whether there are alternate sites available for locating a sexually oriented business, can use its reasonable judgment in determining the applicable, relevant market area for such a business.

• Opinion Date: December 2, 2011

T-Mobile Northeast LLC v. Township of Freehold Zoning Board of Adjustment

ZONING; VARIANCES —Neither a previous denial on a site owner’s request for a variance nor on ongoing violation by the property owner will bar approval of a new application for a variance that contains significant changes from the one that was previously rejected.

• Opinion Date: October 17, 2011

Rosenblum v. Zoning Board of Adjustment of the Borough of Closter

ZONING; VARIANCES — Conditions placed on the grant of a use variance can be used to satisfy the negative criteria test in the grant of that use variance.

• Opinion Date: October 17, 2011

Gina Marie, L.L.C. v. City of Hoboken

RENT CONTROL — Where a rent control ordinance requires both a registration statement and vacancy decontrol certificate to be filed before a vacancy decontrol rent increase can be granted, it doesn’t matter if, over prior years, the rent control board did not strictly enforce that requirement.

• Opinion Date: October 11, 2011

Aurora Loan Services, LLC v. Toledo,

FORECLOSURE; LOANS —A foreclosing lender’s affidavit in support of a judgment in a mortgage foreclosure action must be based on a personal review of its business records or those of its loan servicer.

• Opinion Date: October 18, 2011

Maloney v. Ali

HOMEOWNER WARRANTIES — The initiation of procedures to enforce a remedy under the Home Warranty Act constitutes an election barring the homeowner from all other remedies and, in this context, “initiation” means the filing of a claim even if the claim is subsequently withdrawn.

• Opinion Date: October 17, 2011

Hawkins v. Weichert Title Agency

TITLE INSURANCE — The holder of a title insurance policy faced with a quiet title claim for a piece of its property lying outside of the metes and bounds description insured by its title policy, the policy holder has no coverage for that claim.

• Opinion Date: September 28, 2011