Community Association Practice Partner Richard B. Linderman discusses what material facts are in HOA documents that buyers need to know in an interview with HomeLight Reporter Christine Bartsch.
The Link News publishes Ansell Grimm & Aaron Partner James G. Aaron’s article on how Redevelopment Area Bonds Benefit Municipalities.
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.
* * *
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.
Ansell Grimm & Aaron recently secured a victory for its client, Old Bridge Township Raceway Park, permitting it to continue its fight in state court. For the past decade, Raceway Park has been involved in a zoning dispute with a neighboring property owner, Dayalbagh Radhasoami Satsang Association of North America (DRSANA), over its plans to build a house of worship and accompanying residential facilities near the famed drag strip.
The matter was before the Old Bridge Township Zoning Board of Adjustment for more than five years and has been the subject of battles in both state and federal courts.
For its part, DRSANA sought to limit all wrangling over its plans and the Zoning Board’s decision to federal court by entering into a consent decree seeking to resolve all issues; including Municipal Land Use Law challenges typically subject to state court review. Raceway Park’s attorneys filed objections to the approval in state court which DRSANA argued were precluded by the federal consent decree. In March of 2015, a judge of the Middlesex County Superior Court dismissed Raceway Park’s suit with prejudice finding the consent decree foreclosed the action.
Raceway Park appealed and on January 6, 2017, a three judge panel of the Appellate Division reversed the dismissal permitting the action to proceed in state court. Among other things, the Appellate Division considered whether the federal court consent decree served as an “end run” around the state court prerogative writ process for challenging zoning decisions; as Raceway Park was not a party to the federal case or the decree. The Appellate Division also concluded that the trial judge abused his discretion in dismissing the action with prejudice.
Raceway Park is represented by Ansell Grimm & Aaron partner, Joshua S. Bauchner, and by Michael R. Leckstein and Marc A. Leckstein of Leckstein & Leckstein LLC.
Ansell Grimm & Aaron attorneys regularly represent clients in pursuing their property rights against public and private incursion. For additional information, please contact Joshua S. Bauchner, Esq. (jb@62q.f7d.myftpupload.com) at (973) 247-9000.
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:
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 partner Rick Brodsky successfully obtained a use variance to allow a mixed commercial and residential use for a property in Sea Bright. Representing 280 Ocean Avenue LLC, Brodsky won Zoning Board approval for a banquet facility and new apartments on the site of the former Quay restaurant. Existing buildings on the site suffered significant damage in Superstorm Sandy and the site’s owner has been restoring and improving the residentially zoned property since acquiring it in 2011.
The details of the Zoning Board hearing and approval can be found here.
For more information on our Zoning and Land Use Practice, please contact Rick Brodsky at 732-643-5255 or rb@62q.f7d.myftpupload.com.
Jennifer S. Krimko, Esq., a Member of Ansell Grimm & Aaron, P.C., recently spoke at the Institute of Traffic Engineers (ITE) Northeastern District Meeting held at Ocean Place Resort in Long Branch for a seminar entitled Planning/Zoning Board Hearings Preparation & Presentation. Ms. Krimko offered insight regarding the role of a traffic engineer in the presentation of a land use application including the legal aspects of traffic engineering testimony for planning and zoning board hearings. Ms. Krimko touched on traffic considerations for a permitted use; use of improved traffic in support of variance relief; application preparation; hearing process; and, objectors and appeals.
