October 23, 2020 | New Jersey Law Journal
'Clogging' and the Dual Collateral Loan: An UpdateThe focus of this article is on situations where the clogging doctrine is invoked regarding remedies available to a lender utilizing a financing structure that has come more recently into vogue—the dual collateral loan.
By John M. Marmora
7 minute read
May 14, 2020 | New Jersey Law Journal
Seller Beware: Coordinating Brownfields Redevelopment With RemediationRedevelopers in New Jersey have become increasingly comfortable with the idea of buying environmentally compromised properties. There are, however, complexities that both buyers and sellers should be mindful of before entering into such a transaction.
By John M. Marmora and Alison T. Saling
9 minute read
April 23, 2020 | New Jersey Law Journal
The 'Zoning Lot Development Agreement': A NY Concept Long Overdue in NJNew York City zoning allows unrelated owners of contiguous properties to merge them into a single zoning lot while thereafter still allowing each to remain separately owned and taxed. It is an advantageous concept long overdue in New Jersey.
By John M. Marmora.
6 minute read
October 17, 2019 | New Jersey Law Journal
'Clogging' and the Dual Collateral Loan: Modern Finance Meets English Common LawJust as a mortgagee is barred from extracting a purchase option from the mortgagor as part of the initial financing transaction, so too is the mortgagor's guarantor.
By John M. Marmora
9 minute read
July 05, 2019 | New Jersey Law Journal
Upgrading the Pre-existing Nonconforming Use: Subtleties and Land MinesIs the use legal in the first place? Would the upgrade expand the use? Or would the upgrade qualitatively change it to such a degree that, in reality, it is a new use? These are the primary issues.
By John M. Marmora
9 minute read
April 18, 2019 | New Jersey Law Journal
NJ Eminent Domain After 'Glassboro' and 'Birnbaum'Two recent Appellate Division decisions rest heavily on the statutory provisions underlying property acquisitions, and the principles these cases establish should be considered integral components of all New Jersey legislative constructs authorizing condemnation.
By John M. Marmora
7 minute read
March 01, 2019 | New Jersey Law Journal
Court Establishes New Procedure for Redevelopment Condemnations: The 'Glassboro' HearingThe 'Glassboro' decision can be seen as foregrounding a statutory construct that previously went overlooked by many practitioners.
By John M. Marmora
9 minute read
February 07, 2019 | New Jersey Law Journal
Condemnation of Contaminated Property in the New Regulatory EnvironmentThis article surveys the legal issues pertinent to the acquisition by a public entity via eminent domain of property that either presently requires environmental remediation or has been fully remediated.
By John M. Marmora and Alison T. Saling
9 minute read
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