To combat against the harmful effects of climate change, the New York City Council recently passed the Climate Mobilization Act (CMA)[1] – landmark legislation aimed at reducing New York City greenhouse gas emissions levels by 40% by 2030 and 80% by 2050, which will have major implications for New York City building owners, prospective
Construction
State Contractor Sentenced to 18 Months in Federal Prison Following Conviction for Mail and Wire Fraud in Connection with State-Run and Federally Funded Bridge Maintenance Project
By David T. Meglino & Bradley P. Pollina on
On May 2, 2019, Nathaniel Lorenz was sentenced to 18 months in prison following his November 8, 2018 conviction on eight counts of wire fraud and one count of mail fraud for defrauding the government in connection with a bridge maintenance project administered by New York State and funded primarily by the Federal Highway Administration…
New Jersey Court Rejects Zoning Board’s Issuance of a Variance That Discriminates Against Tenants
By Carl A. Rizzo & Christopher P. Massaro on
Posted in Land Use and Development, Real Estate
The Appellate Division has once again confirmed that “distinctions between renters or property owners in the application of zoning and land use laws have no place in the application of legitimate objectives of zoning.”
In Tirpak v. Bor. of Point Pleasant Beach, A-5088-17T1/A-5147-17T1, decided Feb. 11, 2019, the property owner sought to remove a…
New York Court of Appeals Clarifies When a Contractor Hired by a Commercial Tenant Can File a Mechanic’s Lien Against the Owner’s Interest in the Property
By Jed Weiss & David T. Meglino on
Posted in Construction
When a contractor is hired by a commercial tenant to improve the leased property, the contractor’s lien will ordinarily attach only to the leasehold interest, and not the property itself. In a recent Court of Appeals decision, however, the Court clarified in what circumstances the contractor can file a lien against the owner’s interest in…
Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
By Carl A. Rizzo & Christopher P. Massaro on
Posted in Land Use and Development
In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property.
In Oster v. Zoning Board of Adjustment of the Township of Middletown (Docket No. A-0037-17T3, decided January 11, 2019), the applicant sought and obtained a hardship…