Category: Real Property Law

Advance Housing, Inc. v. Township of Teaneck

TAXATION — There is no legal basis to deny a real estate tax exemption to a provider of integrated housing and support services just because its services are not exclusively provided to residents of its housing program.

• Opinion Date: October 4, 2011

Nuzzo v. Horvath

DAMS — Once a landowner is approached by the Department of Environmental Protection with respect to maintaining and inspecting a dam on the landowner’s property, it will have already incurred measurable damages therefore can sustain begin a suit against parties who might be liable to the landowner with respect to the claims.

• Opinion Date: August 29, 2011

Herzog v. Indymac Bank, FSB

TILA; STATUTE OF LIMITATIONS — The statute of limitations to file suit under the Truth in Lending Act is one year and that begins to run when the underlying contract is executed unless the lender does something to prevent the borrower from recognizing the validity of the borrower’s claim within the limitations period or otherwise acted in a deceptive manner.

• Opinion Date: November 9, 2011

In Re O’Biso

MORTGAGES — There is no private cause of action under the Home Affordable Mortgage Program and that program does not guarantee permanent loan modifications to a borrower.

• Opinion Date: November 7, 2011

HPT CW Properties Trust v. Township of Mount Laurel

TAXATION — The mere fact that a property owner has initiated an action to challenge a tax assessment on its property does not mean that the property owner has effectively waived its interest in protecting its tax returns from disclosure.

• Opinion Date: October 27, 2011

Ciaglia v. West Long Branch Zoning Board of Adjustment

ZONING; VARIANCES; HARDSHIPS — When an undersized nonconforming lot is created as part of the fully approved subdivision and subsequent changes to zoning rules render that lot unuseable, the hardship created is not considered to self-imposed just because the predecessor owner created the initial subdivision.

• Opinion Date: October 25, 2011

Pezza v. Wells Fargo Bank, N.A.

LOANS — Even though a loan may have been affordable, this does not mean that a loan is predatory because the question is not only if the loan was affordable, but whether the borrower’s underlying needs were met.

• Opinion Date: August 30, 2011

Silva v. Fitzpatrick

TENANTS IN COMMON — The allocation of credits and adjustments between co-tenants is governed by basic justice and fairness.

• Opinion Date: August 30, 2011

Corner Property Investments, LLC v. Winderman

CONTRACTS; DAMAGES; LIQUIDATED DAMAGES — Where a contract provides for liquidated damages and the amount called for is a reasonable estimate of otherwise unpredictable future damages, the amount so stipulated will be accepted by a court in lieu of any other subsequent calculation.

• Opinion Date: August 22, 2011

In Re Adoption of Highlands Regional Master Plan

HIGHLANDS ACT — Although the Highlands Act sets a goal of making 4% of lands in the Highlands Region suitable for receiving zones, that is a goal and not a minimum mandate.

• Opinion Date: August 15, 2011