Attorney Insights

Attorney Insights

Wells Attorneys worked to secure approvals for new warehouse development at well-known site in Mahwah

James Jaworski and Katie Razin worked to secure approvals for a new warehouse development in Mahwah, at the well-known Sheraton Crossroads site.  Information on the application and updated improvements are detailed in the article below. Read the Full Article

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Where Has the Time (of Application Rule) Gone?

The Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq. has remained a constant for many years with few changes.  One of the only recent additions to the statutory scheme has been the “Time of Application” rule, N.J.S.A. 40:55D-10.5, which was enacted in 2010.  The Time of Application rule provides that the regulations in effect [...]

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Developer’s Dream, Municipal Nightmare

In January 2024, New Jersey introduced Senate Bill 1408 and Assembly Bill A2757 (collectively the “Bill”) in an effort to streamline the conversion of certain office parks and retail centers into mixed-use developments…

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Public notice requirements in the municipal and land use world could be changing

Public notice requirements, as known by those in the municipal and land use world, could be changing…

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NJ SUPERIOR COURT TO HEAR ARGUMENTS ABOUT NEW AFFORDABLE HOUSING REGULATIONS

The NJ Superior Court decided today to give NJ Municipalities challenging the implementation of the new affordable housing regulations, their day in Court.

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Experts and Land Use Boards: License to Testify?

Hearings before land use boards often involve fact witnesses and expert witnesses who provide the factual and legal basis upon which a board renders its decision. Expert testimony in the land use context is most often presented by professionals in the fields of engineering, architecture, and professional planning. Neither the Municipal Land Use Law (“MLUL”) […]

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Innocent Purchasers of Contaminated Property

New Jersey’s Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., governs liability regarding a property upon which hazardous substances have been discharged. The Act states that anyone “in any way responsible” for hazardous substance discharge is strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs. Land purchasers in […]

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Time of Submission is Key for Land Use Applications

As you may recall from past Legal Updates, the New Jersey Legislature made a sweeping change to the application procedure dictated by the Municipal Land Use Law. Prior to 2011, applications submitted for development were subject to municipal ordinances in effect at the time the decision was rendered by the Board. This meant that pending […]

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Land Use at WJ&L

Our conference room shows in pictures and plans just how active our Land Use practice continues to be. Some highlights of 2016 in this area include Inserra ShopRites in Elmwood Park and Wyckoff (full story elsewhere); Charles Schwab, Dellridge Health and Rehabilitation Center, Arcola Golf Club practice facility, Floor and Décor, Catch Air (a children’s […]

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MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO

MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO COMING TO RIDGEWOOD For the last several years, Tom Wells and Andy Kohut of our office, have lead an effort to convince the Ridgewood Planning Board to amend the Village Master Plan and Zoning, to permit several new high density apartment projects downtown. Our clients, Garden […]

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Developer’s Dream, Municipal Nightmare

In January 2024, New Jersey introduced Senate Bill 1408 and Assembly Bill A2757 (collectively the “Bill”) in an effort to streamline the conversion of certain office parks and retail centers into mixed-use developments…

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The “New” New Jersey Affordable Housing: An Overview

On March 20, 2024, Governor Murphy signed into law, Bill S50/A4 setting a course for future determination as to and enforcement of the longstanding Mount Laurel Doctrine, the State’s mandate for each municipality to provide its fair share of affordable housing.

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Permit Extension Act Extended Through December 31, 2015

On Friday Governor Christie signed legislation that would extend the protections afforded by the Permit Extension Act through December 31, 2015. The clock will begin to run again on January 1, 2015, and no approvals will extend beyond June 30, 2016 unless the validity of the approval would have extended beyond June 30, 2016 without […]

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MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO

MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO COMING TO RIDGEWOOD For the last several years, Tom Wells and Andy Kohut of our office, have lead an effort to convince the Ridgewood Planning Board to amend the Village Master Plan and Zoning, to permit several new high density apartment projects downtown. Our clients, Garden […]

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Land Use Lunacy

Who says land use law is boring??? The NY Times reports on Jan 8 that Kate Hepburn’s former home in Fenwick Conn. is the subject of heated land use litigation.  Seems the current owner had the temerity to erect 2, twelve inch square granite posts at his driveway entrance w/ the address number engraved.  These ‘egregious’ […]

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NY Times article discussing dunes.

Dunes protected several communities from catastrophic damage during Hurricane Sandy, while Long Beach, N.Y., which built no dunes, suffered $200 million in losses. http://tinyurl.com/c24jg8w.

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Shop Rite Approved Unanimously in Wyckoff!

Jim Jaworski, Esq., (Administrative Partner who actively practices in the firm’s Land Use Department) is pleased to announce that after more than 2 years and 30 something Planning Board hearings, 3 Design Review Commission meetings and 4 or 5 Shade Tree Commission meetings, the Site Plan for Wyckoff Shop Rite was unanimously approved on November 26 […]

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Loss of Deposit for Improper Cancellation of Contract on Punchlist Deficiency Grounds

The August 21st New York Times reports that a $4.7M deposit was forfeited by Roberta Campbell, ex-wife of Intuit Chairman William Campbell in a co-op deal gone awry. Seems the Federal Judge was unimpressed with the reasons asserted for attempted termination after the pre-closing inspection. It appears she attempted to turn punch list items into […]

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Residential Leases

Due to the decline in property values and the unstable real estate market, a lot of our clients have been renting out apartments, condominiums and houses, rather than selling, in order to cover carrying costs until the market returns. Darrell Felsenstein, Esq., Partner in the firm’s Litigation Department reminds us that all Landlords of any […]

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TAX EXEMPTIONS REINSTATED FOR GROUP HOMES FOR THE MENTALLY DISABLED

TAX EXEMPTIONS REINSTATED FOR GROUP HOMES FOR THE MENTALLY DISABLED       In our winter 2010 Legal Update, we reported on a state tax court decision eliminating real property tax exemptions for certain private, not-for-profit companies.   In the case of Advance Housing Inc. versus Township of Teaneck, a New Jersey Appellate Court has […]

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Awareness of Rules Changes in New Jersey State Court May Mean More Opportunities To Obtain Useful Admissions

Each year, the Civil Practice Committee recommends changes to the Part I, II, and IV Court rules, which govern civil practice in the Courts of the State of New Jersey.

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Keep Your Friends Close….

I cannot tell you how often someone presents themselves to our office following a contract dispute that involves a family member or friend on the other side.  So often when you need a service of some sort or another you turn to family or friends.  This, of course, makes sense but when we do that […]

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Land Use Lunacy

Who says land use law is boring??? The NY Times reports on Jan 8 that Kate Hepburn’s former home in Fenwick Conn. is the subject of heated land use litigation.  Seems the current owner had the temerity to erect 2, twelve inch square granite posts at his driveway entrance w/ the address number engraved.  These ‘egregious’ […]

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Active Case File Recovery Assistance for New Jersey Lawyers

The New Jersey Judicisary is providing free copies of active case records to New Jersey attorneys and pro se litigants whose case files have been lost or damages as a result of Hurricane Sandy. More information can be found on the New Jersey Judiciary website http://www.judiciary.state.nj.us/

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Paramus Blue Laws Suspended Temporarily- Judge Rules in Favor of County Executive Kathleen Donovan

Bergen County Executive Kathleen Donovan was successful today in obtaining a Temporary Restraining Order, which restrains temporarily Paramus from “forbidding or precluding any business activity on any Sunday” or otherwise enforcing the Borough’s Blue Laws until such time as Governor Chris Christie rescinds his order or upon a final hearing on the matter. In a […]

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Does the Consumer Fraud Act apply in Landlord Tenant matters?

In an unpublished decision just out this week entited, Street v. Hothem, App Div A-5077-10T3,  the Appellate Division reaffirmed that the Consumer Fraud Act can apply to the landlord/tenant relationship.  The case dealt with a landlord’s violations of the Truth in Renting Act.  The Truth in Renting Act provides, in part, that “No landlord shall […]

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How much interest can I be charged?

Parties in New Jersey are permitted to charge relatively high rates of interest in many transactions.  In the state, there are two separate types of usury, civil and criminal.  The levels of interest rates constituting civil and criminal usury, and the exceptions thereto, are governed by separate statutes. Civil usury rates in New Jersey are […]

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Purpose and Scope of New Jersey’s Offer of Judgment Rule

 The Offer of Judgment Rule is a mechanism useful to both Plaintiffs and Defendants in order to leverage settlement of cases in New Jersey.  There are, however, several limitations as to the Rule’s applicability.  In the case of Crudup v. Marrero, 57 N.J. 353 (1971), the New Jersey Supreme Court explained that the rules permitting […]

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Consumer Fraud Act

          As attorneys who represent both individual and corporate clients, we view New Jersey’s Consumer Fraud Act as a double-edged sword.  If you are an individual consumer, New Jersey’s Consumer Fraud Act has bestowed upon you an avenue to seek damages (triple damages) if you have been the victim of “any unconscionable commercial practice, deception, […]

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Lead Paint

A Landlord’s Lament:  Lead Paint           In January of 2008, the New Jersey Legislature passed a law, which has been codified as N.J.S.A. 46:8-28.5, requiring lead paint inspection to tenant-occupied single or two family residential properties, including two-family properties in which one unit is owner-occupied.  This requires landlords of these units to register with the […]

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SBA PPP Loans-Round 2

On April 24, the “Paycheck Protection Program and Health Care Enhancement Act” was signed into law.  Referred to as “CARES 2”, the Act provides a second round of federal stimulus funding that appropriates $320 billion to the Paycheck Protection Program (PPP), $50 billion for the Economic Injury Disaster Loan (EIDL) Program, and an additional $10 […]

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Keep Your Friends Close….

I cannot tell you how often someone presents themselves to our office following a contract dispute that involves a family member or friend on the other side.  So often when you need a service of some sort or another you turn to family or friends.  This, of course, makes sense but when we do that […]

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Project Engage – Innovation that Will Strengthen Democracy

Tom Wells is pleased to announce that WJL’s client, American Civix Technologies, L3C is quickly achieving its crowdfunding goal for Project Engage. Project Engage is seeking funding to develop apps to engage citizens on a variety of issues and topic affecting them directly. It will give citizens direct contact with their various representatives. More information […]

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Reprieve for Storm Victims

With many individuals and businesses experiencing various degrees of loss due to the recent hurricane, from minor interruptions to total devastation, the IRS and New Jersey Division of Taxation are providing relief in the form of filing deadlines.  For example, the IRS has postponed many filing and payment deadlines until February 1, 2013.  More details […]

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How much interest can I be charged?

Parties in New Jersey are permitted to charge relatively high rates of interest in many transactions.  In the state, there are two separate types of usury, civil and criminal.  The levels of interest rates constituting civil and criminal usury, and the exceptions thereto, are governed by separate statutes. Civil usury rates in New Jersey are […]

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Gov. Christie signs key bills into law

On Friday, Gov. Christie signed into law two bills that our clients, family and friends may find important. The first is the Permit Extension Act.  Andrew Kohut, Esq. had previously blogged when the bill was pending. More information can be found here: http://wjllaw.wordpress.com/2012/07/23/possible-further-extension-of-the-permit-extension-act-2/.  The second is the Revised Uniform Limited Liability Company Law (RULLC). More […]

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When is a loan a security?

Are you looking to start-up a business and seeking loans from friends and family? Be forewarned that this simple transaction can have significant consequences. Were you aware that such a loan could be considered a security and subject to federal and state security laws? If you have friends and family members lending you money and […]

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Benefit Corporations

Recently, New Jersey became the third state to enact legislation authorizing the creation of “Benefit Corporations.”  A Benefit Corporation is “for profit,” but at the same time it promotes performance accountability and transparency, and is designed to achieve a “public benefit.”  Vermont and Virginia have also enacted similar legislation, and many other states are considering […]

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Non-Profit Tax Exempts Must File!

Non–Profit Tax Exempts Must File!              Under the Pension Protection Act of 2006, beginning in 2007 all non-profits qualified under Federal Law 501(c)(3), must file some type of 990 Return annually.  Formerly, non-profit tax exempts with annual receipts of less than $25,000 did not need to file.  This reminder is important now, because three (3) years […]

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Medicare Part D – 2009 Notification

Medicare Part D – 2009 Notification It’s that time of year of again where employers must notify their employees whether or not the group prescription plan offered under the employer’s group health plan is equal to or better than that provided by Medicare Part D.  If the employer’s prescription plan is equal to or better […]

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Estate Planning for Young Families: Why Starting Early Matters

When people think about estate planning, they often imagine it’s only for retirees or seniors. However, estate planning is just as crucial for young families.

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The Importance of a Last Will and Testament

Creating a Last Will and Testament can play a crucial role in preventing chaos over an estate, regardless of your own level of fame and fortune.

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Take Advantage of Tax Opportunities Before 2026 Changes

The Internal Revenue Service (IRS) recently announced inflation adjustments to the annual gift tax exclusion and the federal estate tax exemption. Exemption amounts are set to be halved in 2026 — Here’s what you can do:

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My aunt is incapacitated but there is no power of attorney. What’s next?

Answered by Ryan Byrnes at njmoneyhelp.com Q. My mom’s sister — my aunt — is currently in ICU and is of age. The title of a car is under my aunt’s name but my mom is the one that drives the vehicle and technically owns the vehicle because of the loan. We cannot get a [...]

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