Commercial Real Estate

Bauchner representing Morristown businessman in effort to enforce easement

Ansell Grimm January 9, 2017

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.

Bauchner explains power and fairness of Construction Lien Law in NJLJ

Ansell Grimm October 21, 2016

Ansell Grimm & Aaron, P.C., partner Joshua S. Bauchner, Esq. recently published an article in the New Jersey Law Journal on the application and enforcement of New Jersey’s Construction Lien Law. For the full article, click here.

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

Ansell Grimm September 26, 2016

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

Ansell Grimm September 16, 2016

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

Ansell Grimm August 31, 2016

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

Ansell Grimm June 8, 2016

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.

Brian Ansell, Pam Mulligan expand roles with County Bar Associations

Ansell Grimm May 19, 2016

On May 26^th 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 3^rd.

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

Wiechnik to Share Construction Defect Litigation Expertise

Ansell Grimm April 19, 2016

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.

Jessica Zolotorofe writes on role of franchises in retail centers

Ansell Grimm January 22, 2016

Jessica Zolotorofe lays out the pros and cons of leasing to franchisees for ShoppingCenterBusiness.com the retail industry real estate website of France Media.

Jessica, who works out of Ansell Grimm & Aaron’s Woodland Park Office, devotes her practice to the areas of real estate transactions, including buying, selling, leasing and financing commercial properties, as well as civil litigation matters. She is a member of the International Council of Shopping Centers and the National Association of Realtors.

Linderman discusses intersection of residential and commercial uses with NJ Cooperator

Ansell Grimm December 18, 2015

AGA Community Association Practice Group Partner, Richard B. Linderman recently spoke with the New Jersey Cooperator about the challenges facing mixed-use commercial and residential buildings.

Mr. Linderman noted that associations, boards and managers need to take many factors into consideration in their relationship with commercial enterprises, and that the rules for businesses can vary significantly from a residential-only site.

For the full story, visit:

The Neighbor Downstairs

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 rbl@62q.f7d.myftpupload.com.

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