Real Estate Cases
- We represented a major land developer in northern New Jersey in connection with a 500-acre residential subdivision. Particularly critical to this subdivision was the management of the interaction and inter-relationship between local ordinances, rules and regulations, and NJDEP regulations regarding both stream encroachment and wetlands transition area issues. In connection with this project, we prosecuted a successful application before the New Jersey Wetlands Mitigation Council through which the developer was able to receive Wetlands Mitigation Council credit for 250 acres of open space which had already been Deed Restricted during the municipal planning board approval process.
- We have served as counsel in the formation and operation of a Redevelopment Agency for the Town of Morristown. We have also represented designated redevelopers and owners of property within redevelopment areas on projects ranging from golf courses, corporate conference and lodging centers, to multi-hundred urban high-rise residence projects.
- We represented a 396-unit condominium association when construction was suspended early in the build-out. We handled negotiations with the developer’s lender, who “took” the project back in lieu of foreclosure, as well as negotiations with the “new” developer who completed the project. Among the numerous issues successfully resolved were complex building and fire code issues. The representation required meetings with the New Jersey Department of Community Affairs and the municipality as well as consultations with engineers and architects. Amendments to the governing documents were drafted and negotiated to reflect the results of these various negotiations, and compensation to the association was secured.
- We have both coordinated three-way exchanges of like-kind property to give our clients the tax advantages of Section 1031 of the Internal Revenue Code and executed time-sensitive, expedited sales and “leasebacks” to effectuate the strategic decisions of corporate clients.
- We successfully represented the plaintiff in the landmark land-use case Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216 (1994), the decision by the New Jersey Supreme Court supporting a developer’s entitlement to approvals when a development application complies with a municipal ordinance. This decision, which reversed the planning board’s denial of preliminary subdivision approval, confirmed that when ruling on a subdivision application, planning boards may only apply such standards as are provided in Municipal Subdivision Ordinances and not those reflected in the broad purposes of Municipal Land Use Law.
- Our team has successfully obtained approvals from:
– Federal Aviation Administration
– U.S. Army Corps of Engineers
– National Park Service
– NJDEP, Division of Dam Safety
– NJDEP, Wetlands Permitting
– NJDEP, Stack Emissions
– NJDEP, State Open Waters
– NJDEP, Sewage Treatment Facilities
– NJDEP, Fill Credits
– NJDEP, Wetlands Mitigation
– NJ-DOT, Access and Road Opening Permits, Railroad Crossings
– County Soil Conservation Districts
– County Road Departments
– Local and County Planning Boards
– Boards of Adjustment
- Our team has represented commercial (private and public) and residential owners of multimillion dollar construction projects, and has successfully guided them through every stage of construction, including:
– Negotiating contracts with design professionals and contractors
– Monitoring construction process to minimize potential for litigation
– Providing real time resolution of issues
- Our team has successfully defended complex construction defect cases against design professionals including architects, civil engineers, geotechnical and environmental engineers, and drillers.