In selecting the type of entity for a business, most clients have two overriding concerns: limiting the liability for the owners of the entity and favorable income tax treatment. Historically, persons forming a business had two basic choices: a partnership or a corporation. However, in 1993, New Jersey became the thirty-fifth state to enact a […]
In continuing its trend of reviewing important land use issues, the United States Supreme Court in the case of Monterey v. Del Monte Dunes granted discretionary review of this regulatory taking case from the Northern District of California. Although the case was largely procedural in nature turning on whether a jury should render a decision […]
On January 6th of this year, Governor Whitman signed into law a comprehensive set of revisions to the State Site Remediation Law. Now commonly referred to as the “Brownfields Act”, this legislation potentially opens opportunities for redevelopment of hundreds of under utilized or abandoned sites that have been contaminated by hazardous substances. In simplest terms, […]
When I was in law school, Carol and I rented an apartment in a two-family house from a couple who were both lawyers. Not only did both husband and wife practice law, but it seemed like all their friends were lawyers or law students. Our first holiday season at this apartment, the couple invited us […]
One of the least understood aspects of litigation practice, by the non-attorney, is the process called “pre-trial” discovery. Interrogatories, Notices to Produce, Demands for Admissions and Depositions are a litigants means of obtaining proof in a case and providing the grounds for attempting to impeach an opposing party and/or witness at trial. Discovery can be […]
Under the doctrine known as Home Rule, municipalities have historically been responsible for the creation and implementation of zoning, site plan and subdivision regulations. For developers who build in many municipalities, the variety of different standards from town to town can be vexing. It was for this reason that the New Jersey Legislature adopted the […]
Lead from paint, dust and soil can be dangerous, if not managed properly. Lead exposure represents a health risk to most people, especially young children and babies on the way. The Federal Government has recognized the dangers associated with lead and has adopted new disclosure requirements related to lead based paints and lead based paint […]
In January of 1996, the Appellate Division of the New Jersey Superior Court handed down a decision which every owner of Real Estate in New Jersey should be aware of. In the case of Tower Center Associates v. Township of East Brunswick, the Appellate Court upheld the decision of the Tax Court which prohibited a […]
So you think you know who you are dealing with when you make your auto and home insurance purchases? Think again! There are significant differences between “agents” and “brokers” which should not overlooked.Frequently, the purchase of insurance is something that needs to be accomplished quickly. For example, a new house purchase requires coverage be bound […]