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New Jersey Law Blog

New Jersey Court decisions, legal analysis and news.

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Last Entry: March 31, 2011 at 10:15:40

Preventing Employee Theft

Posted on August 25, 2008
Kevin M. Hart, Shareholder of Stark & Stark's Litigation group, authored the article Preventing Employee Theft: How to take appropriate steps to address the problem for the August 18, 2008 issue of the New Jersey Law Journal. Mr...

The Legal Impacts of Governor McGreevy's Divorce

Posted on August 22, 2008
Over the past months, much has been written about the tabloid divorce of former New Jersey governor James McGreevy and Dana Matos McGreevy. While the salacious details made headlines, the legal lessons embedded in the court's 44 page Opinion issued on August 8, 2008 are worth noting for persons contemplating or going through a divorce...

Reduce Real Estate Taxes Through Farmland Assessment

Posted on August 21, 2008
The New Jersey Farmland Assessment Act of 1964 was enacted by the State Legislature to reduce property taxes for farmland and woodland to encourage property owners to keep land in agricultural or horticultural use, rather than develop it. To qualify for this reduction in land taxes, the area of land involved must be not less than 5 adjoining acres and the land must be actively devoted to agricultural or horticultural use for at least 2 years prior to the tax year for which the lower valuation is requested...

Revisiting Child Custody Issues

Posted on August 20, 2008
Robert J. Durst, Shareholder and Chairperson of Stark & Stark's Divorce Group authored the article Revisiting Child Custody Issues: Be vigilant and open to revisions which may be a benefit for the for the August 11, 2008 edition of the New Jersey Law Journal...

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Equal Protection: A State Employee Is Not a "Class-of-One"

Posted on August 19, 2008
In an opinion by Chief Justice Roberts, the Supreme Court on June 9, 2008, held that the “class-of-one” theory of equal protection does not apply to state employees. The Equal Protection Clause of Fourteenth Amendemnt to the U.S. Constition, upon which the class-of-one theory is based, provides, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws...

Master Sponsors Credited with Historic Passage of Permit Extension Act

Posted on August 18, 2008
Those of you in Trenton during the legislative hearings on the Permit Extension Act undoubtedly witnessed an amazing process and historic battle leading to the passage of the Permit Extension Act, and therefore know first hand just how much credit NJBA Master Sponsors deserve for industry defense and the effort put into the Permit Extension Act...

Claim of Undue Influence Resolved by Court Before Death of Testator

Posted on August 15, 2008
A will is obviously prepared when a individual is still alive. A will contest usually comes about after the individual dies. However, a California Appellate Court has recently decided that when a conservator secures Court approval of an estate plan while the individual is still alive, any challenge to the will must be made at that time and not after the individual dies...

What Franchisors Can Expect in Bankruptcy

Posted on August 14, 2008
In light of the recent high profile bankruptcy filings of dining establishments such as Bennigans and Steak N Ale, Adam Siegelheim leads a discussion with Bankruptcy & Creditor’s Rights Attorneys Timothy Duggan and Thomas Onder to outline what franchisors need to understand about the bankruptcy process...

Selling? Being Prepared May Help

Posted on August 13, 2008
In a difficult sales market, Sellers may want to consider preparing their house for sale by addressing some of the issues which may arise from a buyer’s inspection prior to listing their property. Some of these issues are: ASBESTOS: If asbestos is wrapped around pipes for insulation, a seller may want to have it removed by a licensed asbestos removal contractor...

Update on Tax Assessments for Day Care and After School Programs

Posted on August 12, 2008
Recently, the Appellate Division of the Superior Court of New Jersey affirmed a Tax Court decision finding that a day care center with before- and after-care programs, was exempt from paying real property taxes under New Jersey law. Wee Love, Inc...

Designation of Property as Being Necessary for Redevelopment

Posted on August 11, 2008
Property within an area being studied for redevelopment in the context of a preliminary investigation under the Local Redevelopment and Housing Law (“LRHL”) may be declared blighted even if it does not satisfy any one of the statutory redevelopment criteria provided that the municipal governing body finds that such property is necessary for the effective redevelopment of the study area...

Green Buildings and Environmental Sustainability - Master Plan Element

Posted on August 07, 2008
The State Assembly and the State Senate have each overwhelmingly passed bills that amend Section 19 of the Municipal Land Use Law (P.L. 1975, c.291) codified at N.J.S.A. 40:55D-28, which authorizes a local planning board to include in its master plan a “green buildings and environmental sustainability plan element...

Weighing Comparable Sales-Adjustments Matter

Posted on August 06, 2008
When a property owner and municipality each have their own expert appraiser, the New Jersey Tax Court has the daunting task of determining (1) whether the property owner has overcome the presumption of correctness, and (2) assuming the presumption is overcome, which appraiser is the more credible expert...

Failure to Request Mediation Bars Claim For Attorney's Fees

Posted on August 06, 2008
Public policy supports the resolution of disputes before a lawsuit is filed. What happens when a contract calls for mediation prior to filing suit as a condition of securing attorneys fees, if the party filing the suit suggests mediation after the lawsuit is filed? Is the failure to seek mediation a bar to a recovery of attorneys fees or is the request for mediation made just after suit is filed deemed to be substantial compliance? In the case of Lange v...

Inherently Beneficial Uses - Wind, Solar and Photovoltaic Energy Facilities

Posted on August 05, 2008
A bill that would amend Section 3.1 of the Municipal Land Use Law (P.L. 1975, c.291) codified at N.J.S.A. 40:55D-4, to add to the statute a definition of “inherently beneficial use” was introduced in the Assembly as A3062 on June 23, 2008...

Boscov's Bankruptcy And What Their Suppliers Should Understand

Posted on August 04, 2008
The bankruptcy filing today of Boscov’s Department Stores further demonstrates how consumers have been hurt by the housing downturn, job losses and higher costs for food and fuel. Following on the heels of Linens N Things and The Sharper Image, Boscov's cited decreased consumer spending and will immediately close 10 of its 49 stores, most of which are in New Jersey and Pennsylvania...

Proving Your Claim For Palimony

Posted on August 04, 2008
Palimony is a claim for support between unmarried persons first recognized in California in 1976 in the case of Marvin v. Marvin. New Jersey Courts will recognize a claim for palimony if the right set of circumstances exist. Given the widespread practice of non-marital relationships and societies’ acceptance of such relationships, the courts have adjusted their views of unmarried persons’ rights and obligations in light of these societal realities...

Commercial Condominiums

Posted on July 31, 2008
Business owners are always looking to increase profits and space. As most savvy business owners know, the option of buying rather than renting is a better investment because it will save them money down the road. However, finding affordable property can be problematic at times...

Mediator Privilege Amended as of July 1, 2008

Posted on July 30, 2008
The mediator privilege is extremely important to the mediation process. Without it, participants would have no confidence in the process and information necessary to assist the mediator in resolving a case would not be communicated. It has often been said that the mediation process involves two levels of confidentiality...

Proper Registration of Fabric Dresses Sufficient to Defeat Fraud on the Copyright Office Claims

Posted on July 29, 2008
Deposits with the copyright office of pictures depicting dress designs, as opposed to specimens of the actual fabric designs, are usually sufficient to protect those designs. See Blue Fish Clothing, Inc. v. Kat Prints, 1991 WL 71113 at *3 (E.D.Pa...

Designating Property For Redevelopment Using the "E" Criteria

Posted on July 28, 2008
Under the Local Redevelopment and Housing Law a municipality may declare private property to be blighted if it meets one of the enumerated criteria set forth it the statute at N.J.S.A. 40A:12A-5. For example, under the so-called “e” criteria - referred to as such because it is codified at N...

Patterns, Lace and Fabric Designs Incorporated Into Dresses are Copyrightable

Posted on July 24, 2008
It is well established that utilitarian or useful articles, such as dresses or the functional components of dresses, are not the proper subjects of copyright registration and protection. However, decorative patterns, lace and fabric designs incorporated into dresses “are considered ‘writings' for purposes of copyright law and are accordingly protectible...

Case Finding of the Prevention of Domestic Violence Act Unconstitutional

Posted on July 21, 2008
The Honorable Francis B. Schultz, J.S.C. recently held that the New Jersey Prevention of Domestic Violence Act (hereinafter “DVA”) is unconstitutional in that it violates New Jersey’s constitutional article on separation of powers and utilizes the preponderance of the evidence standard of proof...

Real Estate Development From Beginning to End in New Jersey

Posted on July 18, 2008
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use group will present at this year's Lorman Education Services seminar, Real Estate Development From Beginning to End in New Jersey. Mr. Forshner's presentation on Ethics in Land Use will be part of a full day seminar covering topics related to development in New Jersey including government approvals, redevelopment, construction financing and the purchase and sale agreement...

The Importance of Payment for Common Expenses and Maintenance Fees in Community Associations

Posted on July 17, 2008
Times are tough all over and those who live in community associations are no exception. When money is tight, some association members make paying their maintenance fees a low priority. This can be a big mistake because, if ignored, a small amount of delinquent maintenance fees can expand into an unexpectedly large debt...

The Franchise Relationship: Trends in the Law

Posted on July 16, 2008
Adam J. Siegelheim, member of Stark & Stark's Franchise group, was a participant in the June 2008 franchise roundtable for GC Mid-Atlantic Magazine, titled The Franchise Relationship: Trends in the Law. The panelists discussed topics related to the franchise industry including a discussion on the difference between a franchise and a license, what are the most common factors in disputes that arise among franchisors and franchisees and tips on how to how handle dispute resolution issues in a franchise agreement...

New Jersey Department of Transportation's Transit Village Initiative

Posted on July 15, 2008
The New Jersey Department of Transportation and New Jersey Transit have developed a program known as the Transit Village Initiative, which recognizes municipalities that are committed to redeveloping the area around a transit facility into a compact, mixed-use community...

Summerhill Condominium v. Venner - Applicable Attorneys Fees

Posted on July 14, 2008
The Appellate Division recently decided in favor of an association as it pertains to the amount of attorneys fees awarded in the matter of Summerhill Condominium v. Venner. What is most germane to associations is the fact the lower Court found, and was upheld by the Appellate division, the attorneys fees and costs to be reasonable, despite the attorneys fees being more than 50% of the amount of maintenance fees due...

New Jersey Supreme Court Rules Cohabitation Not Indispensable to "Palimonty" Claim

Posted on July 11, 2008
In a significant opinion issued on June 17, the New Jersey Supreme Court ruled 6-1 that cohabitation is not an absolute requirement for a successful "palimony" claim but is only one of a number of factors a court should consider. Th ruling is important because it breaks tradition with precedent set by nearly every other state court in that a plaintiff need only prove a "marital type relationship" rather than show that the couple lived together for some period of time...

New Jersey Supreme Court Rules Cohabitation Not Indispensable to "Palimony" Claim

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