Commercial Real Estate

C6 Real Estate Partners Close on $27M Garfield property

ANSELL, GRIMM & AARON, PC partner, Melanie J. Scroble, Esq., recently closed a $27 million real estate transaction on behalf of C6 Real Estate Partners, in connection with its acquisition of River Edge at Garfield, a newly constructed 100-unit Class-A multifamily apartment building complex located in Garfield, New Jersey. The acquisition was made through a joint venture with Citymark Capital.

C6 Real Estate Partners specializes in acquiring and operating residential, mixed-use and commercial property in New Jersey and the surrounding area. Brian DiSalvo, a partner with C6, commented, “The transaction involved numerous counterparties with differing agendas and methodologies. The documents were complex and required several layers of negotiation. Ms. Scroble proved critical to the success of the transaction with proficient and reliable counsel and management of the process from contract signing to closing.”

Further details about the transaction are available here:

http://www.prweb.com/releases/prweb14433516.htm

Ms. Scroble focuses her practice on the acquisition, financing, leasing and development of commercial real estate both in the Tri-State area and through-out the Country. She has handled a wide range of sales, acquisitions, leases and financings involving different types of real estate, including retail shopping centers, triple net properties, office buildings and multi-family apartment projects. She is a member of the International Council of Shopping Centers and prior speaker at their annual law conference.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal services in nearly all areas of the law, focusing primarily on New Jersey, New York and Federal matters. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.

For additional information, please contact Melanie J. Scroble at (973) 247-9000 or mjs@62q.f7d.myftpupload.com.

 

Developers Continuing to Pursue Antitrust Suits

Fidelity Eatontown and QuickChek, represented by AGA attorneys Joshua Bauchner and Michael Ansell, will continue to pursue their claims against Excellency Enterprises, Kennedy Auto Service and others for attempting to eliminate competition in the local market for gas station convenience stores by preventing Plaintiffs’ developments from moving forward.

Fidelity Eatontown and QuickChek asserted violations of the Sherman Act and the New Jersey Antitrust Act, as well as claims for tortious interference and civil conspiracy, by Defendants after they filed allegedly frivolous litigations seeking to delay construction on Eatontown Planning Board approved developments by Fidelity and QuickChek.

According to a story published by www.law360.com by Joyce Hansen, U.S. District Judge Brian R. Martinotti  “ruled that the developers had made claims that could show the gas station companies had tried to discourage competition by making baseless challenges to the developers’ planning applications.”

Bauchner told LAW360 “The court’s decision confirms that entities seeking to abuse the land use process by engaging in sham litigation to prevent lawful competition are properly subject to federal antitrust claims.”

For the full story on Judge Martinotti’s decision, visit www.law360.com.

ANSELL GRIMM & AARON, PC zoning and land use attorneys have successfully secured land use approvals for many notable projects throughout the State of New Jersey and our litigation practice group offers extensive legal acumen as well as an in-depth understanding of all commercial operations. Please contact Joshua S. Bauchner (jb@62q.f7d.myftpupload.com) or Michael H. Ansell (mha@62q.f7d.myftpupload.com) to discuss your case.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people. For more information, visit us at 62q.f7d.myftpupload.com.

 

 

Bauchner representing Morristown businessman in effort to enforce easement

Ansell Grimm & Aaron partner Joshua S. Bauchner is representing Morristown business owner James Cavanaugh in his dispute with the town’s Parking Authority over the use of an easement behind his South Street buildings.

Cavanaugh is asserting the historic right to continued and appropriate use of the right of way as the means of loading and unloading for businesses on South Street. Thus far, attempts to have the Parking Authority institute proper controls on the use of the right of way by the neighboring residential building have been unsuccessful.

Problems arose when the Parking Authority granted easement rights to new residential and commercial establishments resulting in overburdening which effectively precluded Cavanaugh’s use.  In the face of indifference on the part of the Parking Authority, the entity tasked with ensuring fair and equitable use of the easement, Cavanaugh was left with no choice but to litigate.

The dispute recently was featured in the Morristown Daily Record, available here:

http://www.dailyrecord.com/story/news/local/morris-county/2017/01/06/iron-bar-owner-morristown-parking-clash-over-back-alley-use/96241970/

Ansell Grimm & Aaron attorneys regularly represent clients in enforcing their property rights against public and private incursion.   For additional information, please contact Joshua S. Bauchner, Esq. (jb@62q.f7d.myftpupload.com) or Anthony D’Artiglio, Esq. (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.

AGA’s Jay Feldman appointed Chair of the District III-B Fee Arbitration Committee

The New Jersey Supreme Court recently appointed AGA Attorney, Jay Feldman as Chair of the District III-B Fee Arbitration Committee. His term as Chair began on September 1, 2016. The New Jersey Supreme Court first appointed Mr. Feldman to District III-B Fee Arbitration Committee in 2013 as a panel member. Mr. Feldman is currently a member of the AGA Litigation and Bankruptcy departments and devotes his practice to the areas of business litigation, real estate litigation, construction litigation, and bankruptcy litigation.

The District Fee Arbitration Committees issue binding determinations deciding disputes filed by clients against their attorneys seeking a review of the amount of attorneys’ fees charged. As Chair, Mr. Feldman’s duties include presiding over fee arbitration hearings each month during which the client, attorney, and any other witnesses testify. Mr. Feldman, along with two other Committee panel members, review the fees charged and determine whether they are reasonable. Mr. Feldman is responsible for preparing written opinions deciding the fee arbitration disputes brought before the District III-B panel.

Mr. Feldman can be reached at jbf@62q.f7d.myftpupload.com or 609-557-1044.

MARE Journal covers antitrust suit on Eatontown Gas Stations

The Mid Atlantic Real Estate Journal reported on Fidelity Eatontown, LLC and Quickchek Corp.’s antitrust lawsuit against Excellency Enterprise, LLC, Kennedy Auto Service, Inc., Gas of Eatontown, Inc. in its Aug. 26 issue. AGA partner Josh Bauchner is representing Fidelity Eatontown, LLC and Quickchek Corp. in the suit, relying on the recent United States Court of Appeals for the Third Circuit decision in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc. Bauchner has represented Fidelity Eatontown, LLC and Quickchek Corp. before the Eatontown Planning Board and other government entities and the suit alleges that the defendants engaged in sham litigations and frivolous pretextual appeals to preserve their monopoly position in the borough.

The Mid Atlantic Real Estate Journal provides comprehensive coverage of the commercial real estate industry in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and Washington D.C.

For the full story visit the MARE Journal’s Aug. 26 publication.

Zolotorofe examines controlling interest transfer taxes for MARE Journal

AGA Attorney Jessica Zolotorofe looks at the different ways states treat the “Controlling Interest Tax” in her latest column in the Aug 26 issue of the Mid Atlantic Real Estate Journal. Most states don’t have a version of the tax, first imposed by New York in 1986, which is intended to ensure that the state receives the appropriate tax revenue when a property changes hands. The full article can be found here: Controlling Interest Transfer Tax.

Ms. Zolotorofe is based in AGA’s Woodland Park office. Her practice is devoted to the areas of real estate transactions, including buying, selling, leasing, and financing commercial properties, as well as civil litigation matters. Ms. Zolotorofe can be reached at 732-643-5256 or at jtz@62q.f7d.myftpupload.com

Jessica Zolotorofe explains why Mixed-use Developments are a Favorable Investment

AGA Attorney Jessica Zolotorofe is a featured writer in the May 27 issue of the Mid Atlantic Real Estate Journal. In her article “Mixed-use developments: Seemingly the perfect fit”, Ms. Zolotorofe discusses mixed-use projects, those having retail and residential components, and their growing popularity. The benefits and challenges are weighed by Ms. Zolotorofe, as well as items to think about prior to investment in this type of real estate development. The full article can be found here: Mixed Use Developments.

Ms. Zolotorofe is based in AGA’s Woodland Park office. Her practice is devoted to the areas of real estate transactions, including buying, selling, leasing, and financing commercial properties, as well as civil litigation matters. Ms. Zolotorofe can be reached at 732-643-5256 or at jtz@62q.f7d.myftpupload.com

Brian Ansell, Pam Mulligan expand roles with County Bar Associations

On May 26th AGA Partner Brian E. Ansell will be installed as First Vice President of the Monmouth County Bar Association. AGA Counsel Pamela A. Mulligan will be installed as President of the Burlington County Bar Foundation and as Treasurer of the Burlington County Bar Association on June 3rd.

Mr. Ansell, based in the firm’s Ocean Township office, has been very active with the Monmouth County Bar Association and has been a trustee since 2008 and officer of the Monmouth County Bar Association since 2012. Mr. Ansell focuses his practice in the areas of personal injury, medical malpractice, criminal defense, municipal court, DWI defense, as well as general civil, criminal and chancery litigation including litigation related to wills and estates. Mr. Ansell is Chair of the Civil Practice, Judicial Appointments and Municipal Court Committees and has served on multiple other committees throughout his tenure with the Monmouth County Bar Association. Mr. Ansell’s installation will take place at the Oyster Point Hotel in Red Bank, New Jersey.

Ms. Mulligan currently serves as Secretary for the Burlington County Bar Association and Treasurer of the Burlington County Bar Foundation and has been active with the Burlington County Bar Association and Foundation since 2007. In 2011 Ms. Mulligan was awarded the Robert W. Criscuolo Award from the Burlington County Bar Association for her contributions to the Association and to the Community. Ms. Mulligan is currently the Chair of the Corporate Networking Committee and a member of the Due Diligence, Debtor/Creditor/Bankruptcy, Budget & Finance, CLE, and Women in the Profession Committees. Ms. Mulligan was previously co-chair of the Debtor/Creditor/Bankruptcy and Young Lawyers Committees. She has presented CLEs for the Bar Association on the topics of Bankruptcy and Foreclosure and has moderated other seminars for the Bar Association. Ms. Mulligan focuses her practice in the areas of real estate, creditors’ rights, bankruptcy and intellectual property limited to copyright and trademark. Ms. Mulligan’s installation will take place at Kings Grant Community Center in Marlton, New Jersey.

Mr. Ansell may be reached via email at bea@62q.f7d.myftpupload.com or via his direct line at 732-643-5230.

Ms. Mulligan may be reached via email at pam@62q.f7d.myftpupload.com or via her direct line at 609-557-1045