Real Estate & Construction Law

In what may prove to be a watershed moment for real property tax exemption jurisprudence in New Jersey, the Appellate Division has held that property located on the campus of Kean University (a State owned institution of higher education), but being utilized and occupied, in part, by a for-profit restaurant, is nonetheless still entitled to a tax exemption because it is being used for an exempt “public use” pursuant to N.J.S.A. 54:4-3.3.  In reversing the…
In a landmark decision, the Court of Appeals, New York State’s  highest court, has endorsed a commercial tenant’s waiver of its right to seek a “Yellowstone” injunction, perhaps sounding the ultimate death knell for this common remedy  for commercial tenants who are facing claims of default from their landlords. A Yellowstone injunction enables a tenant to toll the expiration of a default notice until a determination is made as to whether a default exists and…
On May 2, 2019, Nathaniel Lorenz was sentenced to 18 months in prison following his November 8, 2018 conviction on eight counts of wire fraud and one count of mail fraud for defrauding the government in connection with a bridge maintenance project administered by New York State and funded primarily by the Federal Highway Administration (“FHWA”).  Lorenz’s sentence and conviction serve as a warning that contractors who cut corners on government contracts do so at…
Commercial landlords can now add another item to the already interminable list of risks they face in their capacities as landlords: liability borne from a tenant’s trademark infringement. The notion that a landlord could be vulnerable to legal action for the actions of its tenant runs counter to many people’s understanding of fairness. Nevertheless, commercial landlords are finding themselves increasingly subject to trademark enforcement claims as well-known brands seek to take stronger action to protect…
In South Florida where planned communities are common, condominium associations—and homeowners’ associations—are often the norm, not the exception.  Florida Statutes Section 718.103 defines a condominium association as “any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed…
The Appellate Division has once again confirmed that “distinctions between renters or property owners in the application of zoning and land use laws have no place in the application of legitimate objectives of zoning.” In Tirpak v. Bor. of Point Pleasant Beach, A-5088-17T1/A-5147-17T1, decided Feb. 11, 2019, the property owner sought to remove a deed restriction imposed as a condition in connection with an earlier use variance. The restriction allowed for the use of the…