Case Law Summaries

DSM Nutritional Products, Inc. v. White Township

TAXATION; APPRAISALS — Even though municipal assessments are entitled to a presumption of validity, they can be set aside if sufficient and competent evidence establishes a different assessment even if such evidence is based solely on the cost approach method of valuation.

• Opinion Date: August 28, 2008
• Real Property Law

Hillsborough Storage, L.L.C. v. Hillsborough Township Zoning Board of Adjustment

ZONING; SELF-STORAGE FACILITIES — Provided it is not acting arbitrarily, capriciously or unreasonably, a land use board has the right to interpret the meaning of “self-storage facilities” within its local ordinance even though its interpretation may differ from the meaning given to that term by other land use boards or even court decisions.

• Opinion Date: August 25, 2008
• Real Property Law

Mercer County Improvement Authority v. Trenton Studios, Inc.

FORECLOSURE; REDEVELOPMENT — Where a municipality holds both a mortgage and the right to pursue reversion of title on a lot it conveyed to a redeveloper, the redeveloper’s right to redeem the property in a mortgage foreclosure does not bar the governmental agency from pursuing its right to reversion under the redevelopment agreement.

• Opinion Date: August 21, 2008
• Real Property Law

Hofling v. Csaki

BOUNDARY DISPUTES — By reason of the expertise of the appointed commissioners, New Jersey’s boundary commission statute contemplates summary proceedings, rather than a full trial.

• Opinion Date: August 14, 2008
• Real Property Law

Schlatter v. Planning Board of the City of Englewood

ZONING; MERGER — Where a property owner seeks to restore its property to its pre-merged condition thereby creating two non-conforming lots, a variance is required.

• Opinion Date: August 20, 2008
• Real Property Law

Cliff v. City of South Amboy

REDEVELOPMENT; APPEALS — The forty-five day limit for challenging a final municipal action supports a strong public policy and a challenge made well after that deadline will be rejected even if it alleges a conflict of interest on the governing body’s board where that conflict of interest was a matter of public record.

• Opinion Date: August 8, 2008
• Real Property Law

Nickerson v. The Quaker Group

CONSUMER FRAUD ACT; CONTRACTORS — Absent substantial aggravating circumstances, construction defects and sloppy workmanship alone are not unlawful practices under the Consumer Fraud Act.

• Opinion Date: July 3, 2008
• Real Property Law

Kyriacou v. Lavin

ZONING; CONFLICTS OF INTEREST — The legal test for determining if a land use board member has a conflict of interest is whether there is the potential for conflict and not whether there is any actual conflict or dishonest action.

• Opinion Date: July 24, 2008
• Real Property Law

Township of West Milford Planning Board v. TCR NJ/PA Land Acquisition L.P.

ZONING; SITE PLAN — If an applicant’s final site plan is substantially similar to an approved preliminary plan, a municipal land use board is statutorily required to approve the final plan.

• Opinion Date: July 24, 2008
• Real Property Law

Del Vecchio v. Chartoire

FORECLOSURE; TAX SALES; INTERVENORS — A motion to intervene by a prospective purchaser of property under foreclosure received even the day after the final date for redemption is properly denied.

• Opinion Date: July 25, 2008
• Real Property Law