Case Law Summaries

Land Plus, L.L.C. v. Mayor and Council of the City of Hackensack

EMINENT DOMAIN; REDEVELOPMENT — Properties designated as being in need of redevelopment are limited to those that have become stagnant or unproductive due to matters of title, diversity of ownership or similar issues.

• Opinion Date: October 10, 2008
• Real Property Law

Four Winds Plaza Corporation v. Son Valley Developers, LLC

AGREEMENTS; OPTIONS — If an option agreement requires a party to exercise the option within eighteen months after receiving a sheriff’s deed, it must do so within that time period even if there are irregularities in the foreclosure proceeding that led to the sheriff’s deed.

• Opinion Date: August 7, 2008
• Real Property Law

Krzastek v. Global Resource Industrial and Power, Inc.

CORPORATIONS; SHAREHOLDERS — Where New Jersey has the most relevant interest in the outcome of litigation between shareholders of a closely held corporation, and applying the law of the state of incorporation would result in essentially the same conclusions on the same facts, New Jersey courts may apply New Jersey law.

• Opinion Date: September 11, 2008
• Business Law

In Re Grogan Marineview Plaza

MORTGAGES; RENT CONTROL — A government housing agency, when acting as a mortgagee, has the right to include provisions in the mortgage that require its consent to rent increases and in deciding whether to grant an increase, such agencies are given considerable deference by courts with such agency decisions to be reversed only if found to be arbitrary, capricious or unreasonable.

• Opinion Date: October 10, 2008
• Real Property Law

Healy v. Antaki

ENCROACHMENTS — There is no legal support for the proposition that one property owner is compelled to maintain a natural buffer to provide privacy to its neighbor.

• Opinion Date: October 7, 2008
• Real Property Law

Arlington Ridge Condominium Association v. De Cavalcante

AGREEMENTS; THIRD PARTIES — Just because a settlement agreement names one party’s consultant to prepare specifications for use by both parties to the agreement does not mean that that consultant, not itself a party to the settlement agreement, has any duties, including a duty loyalty to any party other than its own client.

• Opinion Date: October 6, 2008
• Business Law

Forman Industries, Inc. v. Blake-Ward

EMPLOYER-EMPLOYEE; NON-COMPETITION — While customer lists can be considered confidential and protectable, they are not subject to protection if an ex-employer’s customers are generally known in the industry or are easily discernable.

• Opinion Date: September 15, 2008
• Business Law

Greek Gourmet, Inc. v. Greek Village, Inc.

TRADE NAMES — A trade name, as goodwill, is a protectable asset and a business with a long established trade name and which gives a competitor notice of the fact before the competitor opens for business, is entitled to bar the competitor from using the same trade name, including by way of injunction.

• Opinion Date: August 8, 2008
• Business Law

In Re Application for Relief Pursuant to N.J.S.A. 33:1-12.18

LIQUOR LICENSE — Failure to timely renew a liquor license can cause loss of the license, but substantial compliance with the renewal provisions, including a licensee’s conduct in reasonably pursuing its available remedies to obtain the license renewal, can serve to toll the renewal deadline.

• Opinion Date: September 16, 2008
• Business Law

Conway v. DialAmerica Marketing, Inc.

CORPORATIONS; JURISDICTION — Even though a corporation may have been formed in a different state, if qualitatively, New Jersey has the most significant relationship to the underlying facts in a dispute between shareholders and has the most significant contacts with the corporation, a minority shareholder may plead a cause of action under New Jersey law.

• Opinion Date: September 30, 2008
• Business Law