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Real Estate, Land Use & Zoning

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Expediting Your Loan – Insurance Proofs Demystified

You have a commitment from your Lender; certainly you should be able to close in one week, Right? Wrong. When closing a loan, there are many areas that can derail you from a timely closing. One area of particular concern and which often delays closing, is with respect to the…

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New Jersey Land Use Law: Is Your Proposed Use Permitted?

Are you planning on starting or relocating a business? As part of your planning process you need to do a careful analysis of the local zoning ordinances governing your proposed location. The threshold question is whether the proposed use is permitted in the zone in which the property is located.…

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New Jersey Appellate Division Clarifies Law on the Liability of Property Owners Whose Vegetation Encroaches on the Neighbor’s Property

Recently, the New Jersey Appellate Division, in the case of Scannavino v. Walsh (Docket No. A-0033-14T1), issued a fourteen page Opinion (Approved for Publication on April 14, 2016), setting forth the law on the liability of property owners whose trees/vegetation encroaches on the neighbor’s property.  In that case, plaintiff alleged…

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EPA Proposes Changes to Accident Prevention and Risk Management Plans

The United States Environmental Protection Agency has proposed new changes to the requirements for the accident prevention programs and risk management plans under Section 112 of the Clean Air Act as a result of a review initiated in response to Executive Order 13650.  One of the targets of Section 112…

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Remediation and Sale of Contaminated Industrial Site at Substantially Reduced Cost

Lindabury assisted an international industrial commodities supplier in all phases of the closure, cleanup and eventual sale of their environmentally contaminated Northern New Jersey industrial property. The property which was first devoted to industrial use in early 1930s, had been in heavy continual use for over 70 years until its…

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Shift from COAH to State Courts Could be a Boon to Developers

On March 10, 2015 the New Jersey State Supreme Court issued a unanimous ruling allowing trial courts in the state, rather than the state Council on Affordable Housing (“COAH”), to decide if towns are providing enough low- and moderate-income housing.  The Court issued its decision after finding that COAH has…