Landlord Tenant Law

Homeowners Association Obtains Injunction Prohibiting Beach Use By Short-Term RentersContinuous Trespass Gives Rise to Successive Causes of ActionNo Constructive Trust In Absence of Confidential RelationshipEasement Not Established Over Abandoned Public RoadContract Vendee’s Wrongful Eviction Claim Raises Questions of Fact About AbandonmentReferee Had Discretion to Set Minimum Sale Price At Partition Sale

Attorney fees for an NLJ 500 firm prevailing in a commercial lease dispute were slashed nearly in half after a federal judge in Pennsylvania concluded the party’s success did not warrant nearly $750,000 in fees.

Landowner Had Standing to Raise SEQRA ClaimVillage’s Architectural Review Provision Not Unconstitutionally VagueFederal Abstention Appropriate In Selective Enforcement Case

Balance of Equities Precludes Mandatory Injunction Against Removal of Prohibited Renovation

While the need for data centers continues to increase, the land development challenges posed by data centers also have increased. These land development challenges focus around several key areas.

While the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.

Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination

Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.