The long running litigation between the Borough of Harvey Cedars and some of its oceanfront residents has finally come to an end. The borough’s counsel for these matters, Lawrence Shapiro, Esq. of Ansell Grimm & Aaron, PC successfully petitioned the New Jersey Supreme Court on appeal from a jury verdict of $375,000 in favor of the Harvey and Phyllis Karan. The July 2013 decision was a departure from legal precedent that had stood for more than a century and paved the way for the state to move forward with its shore protection project.
In his opinion, writing for a unanimous court, Supreme Court Justice Barry T. Albin wrote, “When a public project requires the partial taking of property, ‘just compensation’ to the owner must be based on a consideration of all relevant, reasonably calculable, and non-conjectural factors that either decrease or increase the value of the remaining property. In a partial-takings case, homeowners are entitled to the fair market value of their loss, not to a windfall.”
In the aftermath of the Karan decision, another case where the jury had awarded $265,000 was retried under the legal standard. The result was a jury verdict of only $300.
In the final remaining case, the appeal of which was decided May 5, Shapiro was successful in having the property owner’s expert reports barred from presentation to a jury for using improper valuation methods. The Appellate Court recently affirmed that decision and, as a result, an agreed upon verdict of $7,500 was entered bringing the Harvey Cedars litigation to an end.
The Harvey Cedars cases were at the forefront of the State of New Jersey’s efforts to construct shore protection measures. The Karan case, which the Supreme Court agreed to hear before Superstorm Sandy struck and in which the State only intervened for argument before that Court, has resulted in a tectonic shift in how partial takings condemnation cases are valued and tried. Shapiro’s successful prosecution of that matter on behalf of the Borough means that other municipalities, the State, and Federal Government will save millions of dollars in easement acquisition and litigation costs as the shore protection project moves forward.
The Karan decision also will potentially save the state and tax payers millions of dollars in road improvement and other projects where a partial taking of property occurs and the positive benefit of the project can be quantified.
For additional information, please contact Lawrence Shapiro at (732) 922-1000 or email@example.com.
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 firstname.lastname@example.org or via his direct line at 732-643-5230.
Ms. Mulligan may be reached via email at email@example.com or via her direct line at 609-557-1045
AGA’s Community Association Practice Group attorneys will be exhibiting at the Cooperator Expo on Wednesday, May 11 at the Meadowlands Expo Center, Secaucus, New Jersey. The Expo will run from 10 a.m.-4:30 p.m., admission is free, and registration is currently available here. In addition to the Exhibit Hall with more than 300 vendors, the Expo offers several educational seminars for attendees on subjects as diverse as marketing properties in a demographically changing market and savings and incentives available by upgrading energy systems.
If you are planning on attending the Cooperator Expo, please visit AGA’s CAP Group at Booth Number 700 or contact David J. Byrne Esq., to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at firstname.lastname@example.org or by calling 609-751-5551.
Mark M. Wiechnik, a partner in Ansell Grimm & Aaron, P.C.’s community association practice group, will be a featured speaker at the National Business Institute’s May 3 seminar on Construction Defect Litigation at the Holiday Inn, Princeton, 100 Independence Way. Mr. Wiechnik will be speaking about what is covered and what is not covered by insurance policies, including the debates currently taking place regarding how insurance coverage is affected by building codes and standards, warranties and the Magnuson-Moss and Miller Acts.
To register for the seminar please visit the NBI website at: Construction Defect Litigation from A to Z. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon.
Ansell Grimm & Aaron, P.C. is a proud sponsor of the 2016 GOTCC Business & Consumer Expo. Come visit our booth and the many other vendors, on Wednesday, May 11 between 5 pm and 7:30 pm at Jumping Brook Country Club, 210 Jumping Brook Road, Neptune. Admission to the expo is free and ample on-site free parking is available. For more information on attending or exhibiting at the expo click here.
Pamela A. Mulligan, Counsel at Ansell Grimm & Aaron, will be a featured speaker at the National Business Institute’s April 19 seminar on Advanced Collection Law at the Holiday Inn, Cherry Hill, 2175 Marlton Pike. Ms. Mulligan will be speaking about the Consumer Financial Protection Bureau’s (CFPB) effects on collections and staying in compliance with the Fair Debt Collection Practices Act.
To register for the seminar please visit the NBI website at: Advanced Collection Law. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey, New York and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at 11:45 a.m.
The New Jersey Chapter of the Community Associations Institute will host, and Ansell Grimm & Aaron, PC will sponsor, a Manager Best Practices Roundtable Discussion and Networking event on Thursday, April 7. David J. Byrne, Esq., head of Ansell Grimm & Aaron’s Community Association Practice Group, will facilitate a discussion at the event on reasonable accommodations for comfort, emotional support and service animals.
Numerous other topics will be presented including: community association pool safety, contaminated wells and water use permits, non-member income such as pool badges and clubhouse rentals and others. The event will take place at the Forsgate Country Club at 5:30PM.
For more information on AGA’s Community Association Practice Group, contact Mr. Byrne at email@example.com or via phone at 609 557-1031.
If you are planning on attending the Expo, please visit the AGA Community Association Practice Group at Booth Number 307 or contact David J. Byrne if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at firstname.lastname@example.org or by calling 609-751-5551.
AGA Community Association Practice Group Partner, Richard B. Linderman recently responded to a question about when boards can require a 100% member vote to amend or repeal a covenant from a Homeowner’s Association Board Member or Manager which was featured in the “National HOA Questions and Answers” Column of Pennsylvania Association Help Now Newspaper.
Mr. Linderman noted that generally, in New Jersey and Pennsylvania, the declaration of covenant require either a two-thirds or 80% vote to amend. Mr. Linderman noted that, from an operational standpoint, a 100% vote requirement would be impractical as it would give any member absolute veto power.
Mr. Linderman has successfully represented community associations in numerous litigations, including the defense of executive boards, complex construction suits, and statutory compliance related matters. He is a frequent lecturer to homeowners, property managers, and industry professionals on topics relating to community associations, corporate governance, bankruptcy and assessment collections. Mr. Linderman can be reached directly at 609-557-1032 or via email at email@example.com.