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New Jersey Law Journal

Religious Discrimination Law Gets Renewed Attention Under Trump Administration

Some lawyers fear the administration may ease up on enforcement of a law increasingly used to target municipalities accused of religious discrimination in blocking the construction of mosques.
13 minute read

The Legal Intelligencer

Atlantic Wind, LLC v. Penn Forest Twp. Zoning Hearing Bd., PICS Case No. 17-0392 (C.P. Carbon Feb. 17, 2017), Serfass, J. (11 pages).

By | March 24, 2017
State law provided that plaintiff had an exclusive statutory remedy before a local zoning board. Plaintiff did not provide sufficient evidence of bias or lack of due process sufficient to warrant an exercise of equity jurisdiction by the court. Defendant's preliminary objections were sustained and plaintiff's complaint was dismissed.
5 minute read

The Legal Intelligencer

McMaster v. Twp. of Bensalem, PICS Case No. 17-0428 (Pa. Commw. March 13, 2107), Colins, S.J. (13 pages).

By | March 24, 2017
Trial court correctly concluded that township's redirection of storm water onto property owners' land did not constitute a de facto taking because the resulting flooding was the result of negligence and not an intentional selection of the property as the discharge location, the flooding did not deprive owners of any use of their property and consequential damages were not recoverable in these circumstances. Affirmed.
6 minute read

The Legal Intelligencer

631 N. Broad St., LP v. Congregation Rodeph Shalom, PICS Case No. 17-0384 (C.P. Philadelphia March 1, 2017) Djerassi, J. (13 pages).

By | March 24, 2017
Defendant was entitled to a preliminary injunction preventing plaintiff neighboring property owner from demolishing the party wall between their lots that lay partially on defendant's property because the wall was a party wall, even though it was no longer used to support two buildings, the property line ran under the wall and opening a hole in the wall would create an immediate and irreparable harm. Injunction granted.
6 minute read

The Legal Intelligencer

Farano v. C & D Trout Ponds, Inc., PICS Case No. 17-0407 (C.P. Carbon Dec. 31, 2016), Serfass, J. (16 pages).

By | March 24, 2017
A reservation in plaintiffs' deeds created a restriction on the use of defendant's property as open space for the benefit of subdivision lots even though the deed to defendant's lot did not expressly contain the restriction. The court found an implied restriction based on the conduct of the parties.
6 minute read

New York Law Journal

Eligibility of Residential Developments for IDA Benefits

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Matter of Ryan,' which upheld what has long been understood to be the rule: Residential developments are eligible to receive industrial development agency benefits.
17 minute read

The Legal Intelligencer

In re Appeal of Chestnut Hill Cmty. Ass'n, PICS Case No. 17-0372 (Pa. Commw. March 3, 2017) Covey, J. (17 pages).

By | March 17, 2017
Zoning board erred in granting a variance to construct a front yard open-air parking space where property owners' inability to reach a rear parking space did not represent a physical circumstance unique to the property constituting an unnecessary hardship. Order of the trial court reversed.
5 minute read

The Legal Intelligencer

Trapasso v. Marryshow, PICS Case No. 17-0346 (C.P. Monroe Jan. 18, 2017) Williamson, J. (17 pages).

By | March 17, 2017
In negotiating the terms of an easement, defendant acted with apparent authority on behalf of his brother and with actual authority as personal representative of his mother's estate. In reliance on defendant's agreement to the terms of an easement, plaintiff proceeded to incur engineering and legal expenses to effectuate the easement. Defendant breached the parties' agreement by failing to execute the easement deed, and was liable for damages.
5 minute read

The Legal Intelligencer

In Re: Appeal of Aram K. Jerrehian, PICS Case No. 17-0373 (Pa. Commw. March 6, 2017) Leavitt, J. (22 pages).

By | March 17, 2017
A township zoning board erred in holding that a right-of-way was not a "street" under the zoning code. Appeal granted in part and rejected in part.
6 minute read

The Legal Intelligencer

Take Back Your Neighborhood v. Zoning Bd., PICS Case No. 17-0309 (C.P. Philadelphia, Feb. 7, 2017) Fletman, J. (7 pages).

By | March 17, 2017
Zoning board properly granted a special exception to allow property to be used as a nonmedical program facility because applicant met all the requirements for a special exception and appellant, which contended that the proposed facility would be a detriment to the neighborhood, failed to meet its burden of proof and presented no evidence of specific safety or parking concerns. Affirmed.
3 minute read

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