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Jun 22, 2017 by Bruce D. Greenberg


DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, ___ N.J. Super. ___ (App. Div. 2017).  Beach access has long been an important and controversial issue in New Jersey.  After Superstorm Sandy in 2013, the New Jersey Department of Environmental Protection (“DEP”) partnered with the federal Army Corps of Engineers, pursuant…

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Jun 21, 2017 by Bruce D. Greenberg


“Reasonable Expectations of the Insured” Did Not Defeat Clear Policy Exclusion of “Insured vs. Insured” Claims

Abboud v. National Union Fire Ins. Co., ___ N.J. Super. ___ (App. Div. 2017).  This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy.  That exclusion generally bars coverage for claims by one insured against another, such as counterclaims brought against plaintiff by his fellow officers…

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Jun 20, 2017 by Bruce D. Greenberg


OPRA Covers Electronically Stored Information, Including Fields in E-Mails

Paff v. Galloway Tp., ___ N.J. ___ (2017).  In this OPRA case, as discussed here, plaintiff sought to obtain copies of fields in e-mails sent by the Galloway Township Clerk and the Township’s Police Chief during a two-week period in 2013.  Plaintiff did not seek the e-mails themselves, but only the “sender,” “recipient,” “date,” and…

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Jun 19, 2017 by Bruce D. Greenberg


Plaintiffs’ Creative Arguments Did Not Overcome the Language of Insurance Policies That Precluded Coverage

Gil v. Clara Maass Medical Center, ___ N.J. Super. ___ (App. Div. 2017).  This was a medical malpractice case.  The appeal, however, resulted from the Law Division’s grant of summary judgment in favor of certain insurers, which threw out plaintiff’s claim that the allegedly negligent physician, Dr. Copur, was the covered hospital’s “employee” or a…

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Jun 19, 2017 by Bruce D. Greenberg


Standing, Attorneys’ Fees, Disability, and Search and Seizure: The Latest Cases for the Supreme Court

The Supreme Court has granted review in four more cases.  In Cherokee LCP Land, LLC v. City of Linden Planning Bd., the question presented, as phrased by the Supreme Court Clerk’s Office, is “Do plaintiffs have a sufficient interest in the property adjacent to the property to be developed (the development property), such that they…

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Jun 16, 2017 by Bruce D. Greenberg


State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, ___ N.J. Super. ___ (App. Div. 2017).  The Office of the State Comptroller (“OSC”) was established by the Legislature in 2007, in order to subject governmental financial activities to uniform, meaningful, and systematic public scrutiny.  N.J.S.A. 52:15C-1 et seq.  Among the OSC’s powers is the ability to audit, among other agencies, units…

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Jun 15, 2017 by Bruce D. Greenberg


No Attorneys’ Fees Under OPRA Where Requested Documents Were Produced Before OPRA Lawsuit Was Filed

Stop & Shop Supermarket Co., LLC v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2017).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA.  A successful OPRA litigant is entitled to attorneys’ fees.  But can an OPRA plaintiff sue and get fees…

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Jun 13, 2017 by Bruce D. Greenberg


An Anniversary in Redevelopment Law

Ten years ago today, the Supreme Court decided Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 191 N.J. 344 (2007).  It was the first time that the Court focused on the meaning of the term “blighted areas” in Article VII, section 3, paragraph 1 of the New Jersey Constitution,a provision that allows such areas to…

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Jun 7, 2017 by Bruce D. Greenberg


A Diverse Diet of New Cases for the Supreme Court

In making up for lost time, a separate post was warranted to take note of three new grants of review by the Supreme Court.  The cases address very different areas of the law. The biggest of the three cases may be Freedom From Religion Foundation v. Morris Cty. Bd. of Chosen Freeholders.  The Court granted…

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Jun 7, 2017 by Bruce D. Greenberg


Making Up for Lost Time

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions in that interim.  To try to catch up, here are summaries of some of those rulings by the Appellate Division: Leggette v. Government Employees Ins.…

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