Real Estate & Property Law

New Jersey Monday

By Robert Thomas (inversecondemnation.com)

Two unreported opinions arising out of cases from New Jersey. We won't be reviewing them  (they are not precedential after all), but you may want to check them out if you are interested in public use and redevelopment (case #1), or inverse condemnation by permit denial (case #2):

• RLR Investments, LLC v. Town of Kearny, No 09-3100 (3d Cir., July 2, 2010) ("This appeal is centered on the ?public use? requirement for the governmental taking of private property. The appeal presents a number of overlapping and interrelated claims set out in a ten count complaint. We conclude that the District Court?s judgment in favor of the governmental entry should be affirmed.").

• NJ Capital Partners, LLC v. Oakland Planning Board, No. A-2354-08T1 (N.J. Super. App. Div., July 2, 2010) ("Plaintiff NJ Capital Partners, LLC, appeals from a series of orders entered by the Law Division that limited its recovery of attorneys' fees and costs in this inverse condemnation action against defendant Borough of Oakland (Oakland) to $50,000. We have considered the arguments raised on appeal in light of the record and applicable legal standards. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.").

Full post as published by inversecondemnation on July 06, 2010 (boomark / email).