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’ posts were incredibly 5 whole feet tall.  The local historic commission felt that 5 feet was too high and instructed the owner to lower the height 12 inches.  He bermed up soil and planted around them to bring height from grade to 48 inches.  Not enough said the historic commission; “too visible” from nearby areas.  Incredibly, the town litigated the issue to the tune of more than 40 grand in taxpayer money.

At some point along the lengthy litigation process, the homeowner eliminated the height issue, but not by lowering the posts.  He saw cut the granite right thru the engraved address leaving the lower half of the numbers.  So much for aesthetics.  Amazing.

By: James E. Jaworski, Esq., Administrative Partner and Chairman of Real Estate Department

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/

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 nutshell, Paramus will be open for business this Sunday.

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In an unpublished decision just out this week entited, Street v. Hothem, App Div A-5077-10T3,  the Appellate Division reaffirmed that the Consumer Fraud Act can apply to the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 offer to any tenant or prospective tenant or enter into any written lease after the effective dates of this act which includes a lease provision which violates clearly established legal rights of tenants or responsibilities of landlords as established by the law of this State at the time the lease is signed.”  It is important that lease provisions are carefully reviewed by both parties to the lease to determine compliance with New Jersey law.  There is no requirement that a landlord intend to commit an unlawful act or intend to deceive the tenant, just by incorporating a provision which violates a party’s rights or negates a landlord’s obligation, can subject the other party to the Consumer Fraud Act. The case can be accessed here:
http://www.njlawarchive.com/20121004111009538710854/

Darrell M. Felsenstein, Esq.is a partner and Chair of WJ&L’s Litigation Department.