John M Marmora

John M Marmora

October 23, 2020 | New Jersey Law Journal

'Clogging' and the Dual Collateral Loan: An Update

The 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 Remediation

Redevelopers 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 NJ

New 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 Law

Just 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 Mines

Is 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' Hearing

The '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 Environment

This 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