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NDGLegal

Injunction Suspends CTA Enforcement Nationwide

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On December 3, 2024, the US District Court for the Eastern District of Texas granted a nationwide preliminary injunction prohibiting the federal government from enforcing the CTA, its implementing regulations and its reporting deadlines. See Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478 (E.D. Tex.). As a reminder, the CT...
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NJ Design Professional Self-Certification Act

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On August 22, 2024, Acting Governor Nicholas Scutari signed the New Jersey Design Professional Self-Certification Act, requiring the New Jersey Department of Community Affairs (DCA) to establish a design professional-self certification program. The design professional-self certification program enables New Jersey architects and engineers who have b...
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NDG's Fall 2024 Newsletter

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 In this Issue: NDG Partner Secures Key Victory in Tidelands DisputeNDG Legal Expands into BrigantineUPDATE: NJ Enacts Considerable Amendments to the Open Public Records ActCannabis Bill Signed Into Law: Major Changes for THC Regulation in NJ File Name: NDGs-Fall-2024-Newslette_20241022-154845_1 File Size: 3.9 mb Download File
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New Reserve Requirements for NJ Shared Interest Communities Under the 2024 Structural Integrity Bill

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On January 8, 2024, Governor Phil Murphy signed the Structural Integrity and Safety in Shared Interest Communities Act (commonly referred to as the Structural Integrity Bill), mandating stricter reserve requirements for condominiums, cooperatives, and Homeowners Associations in New Jersey. This law, inspired by national concerns over building safet...
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Ralph "Paul" Busco Joins NDG Legal

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Ralph "Paul" Busco has been in the private practice of law in the City of Brigantine, County of Atlantic, New Jersey and has operated his own law firm there since 2014. He is now "of counsel" to Nehmad, Davis & Goldstein but also continues to serve clients from his Brigantine location. Paul is a 2009 graduate of Boston University, and Villanova...
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New Jersey Enacts Considerable Amendments to the Open Public Records Act ("OPRA")

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New Jersey's Open Public Records Act (OPRA) has undergone significant amendments aimed at enhancing transparency and accessibility of public records. These amendments, effective as of September 3, 2024, introduce several key changes impacting both requesters and custodians of public records. Some of these changes include: No Mandatory Fee Shifting:...
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Ethical Considerations in Representing Objectors in Land Use Matters

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Written by: Stephen R. Nehmad, Esquire You are a land use practitioner who handles objectors work, as well as applicant's work. A very financially responsible business entity ("Redco") contacts you to represent them in opposing the application for variance relief and site plan approval that a business competitor ("Blueco") has filed in an adjacent ...
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Ideal Institute of Technology: Repurposing as Redevelopment.

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What do you do with an office building that's outlived its usefulness to the original occupant? For Ren Parikh, the founder and driving force behind the Ideal Institute of Technology the answer was easy. Repurpose it into Ideal's main campus. For many years the three-story white office building with bands of tinted glass on Washington Avenue in Ple...
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As NJ Reforms its Liquor License Laws, Noted Liquor License Attorney, Scott Silver, Joins NDG Legal

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On January 16, 2024, Governor Murphy signed a bill into law which reforms the liquor license laws of New Jersey. This law impacts business owners which hold an inactive license; seek to obtain a license but haven't been able to receive one due to population limits; own a shopping mall; or hold restricted brewery licenses or limited brewery and dist...
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Changes to Reporting Obligations of Business Entities Effective as of January 1, 2024

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Beginning on January 1, 2024, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, requires certain domestic and foreign entities, such as single-purpose real estate holding companies, to report the beneficial owners of their entity pursuant to the terms of the Corporate Transparency Act ("CTA"). A benefic...
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Brigantine Paddle Club: Redevelopment Outside the Box

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"Thinking outside the box." It's a cliché that's probably overused, but it also is precisely what the Brigantine Paddle Club, in Atlantic County, New Jersey represents. Not only did development of the Brigantine Paddle Club project represent innovation and imagination in the field of local redevelopment, it also demonstrated the value of having a l...
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Two Attorneys Join the NDG Legal Team

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Nehmad, Davis & Goldstein is excited to announce the addition of two new attorneys - Rachel Koutishian and Emmanual Sanfilippo III, Esq   Rachel Koutishian Rachel Koutishian is an Ocean County native who graduated from Rowan University with a Bachelor of Arts in Music, her primary instrument being the flute. While at Rowan University, she ...
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Warehouse Building Approvals in Pittsgrove, NJ

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NDG attorney Stephen R. Nehmad, Esq. recently obtained use variance approval, conditional use variance approval, d(6) variance relief for maximum building height, and bulk variance relief for maximum lot coverage and minimum number of parking spaces from the Township of Pittsgrove Planning Board in connection with the construction and establishment...
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warehouse approval variance real estate land use
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Nehmad Davis And Goldstein Acquires Approval for Construction of Avalon Home Listed at $25M

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[Avalon, NJ]: NDG attorney Keith Davis recently acquired approval for an unprecedented residential construction project in Avalon, New Jersey listed for sale at $25M. The Avalon Planning Board approved the application for the project in the "High Dunes" section of the Borough which is subject to separate ordinance requirements. The Malibu-style 7,2...
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Residential Development Approval in Deptford Township

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 NDG attorney Michael Lario recently obtained preliminary and final major site plan approval for a large-scale residential development project in Deptford Township, New Jersey on behalf of a national homebuilder. The proposed plan consisted of 273 residential units (189 townhomes and 84 multifamily apartment units), lighting, landscaping, stor...
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Real Estate site plan approval residential development deptford construction
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Local Property Owners Regain Their Legal Ability to Use and Occupy Condominium Property

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NDG partner and Certified Civil Trial Attorney Ray Went represents the owners of over 50% of the overall condominium units in the Seaspray Condominiums located in Ocean City, New Jersey. In March of 2023, the City of Ocean City issued a notice to vacate the entire condominium property and prohibited occupancy of the individual units due to an ...
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ocean city condominium HOA civil trial attorney
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NDG Partner Ray Went Obtains Supreme Court Certification as a Civil Trial Attorney

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NDG partner, Ray Went, has obtained Certification by the Supreme Court of New Jersey as a Civil Trial Attorney which requires a substantial level of experience in civil trial law.The Certification also requires favorable evaluations by judges and attorneys familiar with Ray's work as well as successfully passing a written examination in civil trial...
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civillitigation supremecourt civiltrialattorney certified
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Nehmad Davis And Goldstein Prevails for Whole Foods Shopping Center Development

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[Egg Harbor Township, NJ]: NDG attorney Eric Goldstein recently obtained final site plan approval and subdivision relief for the Montgomery Promenade Project in Somerset County New Jersey. The shopping center consists of a Whole Foods Market and 14 individual retail buildings, located on 54 acres in central New Jersey. The NDG team of attorneys pre...
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planningboard siteplanapproval commercialrealestate somersetcounty
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Attorney Michael C. Donio Joins Nehmad Davis & Goldstein

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Nehmad Davis & Goldstein is pleased to announce that attorney Michael C. Donio has joined the firm, where he will continue to focus on commercial litigation, real estate litigation, land use and appellate litigation. Before joining Nehmad Davis & Goldstein, Mike previously worked in the commercial litigation department of a regional South J...
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Cannabis Regulatory Commission Updates from the Cannabis Law Department

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Cannabis Consumption Lounges – Proposed Rules Open for Comment until March 18, 2023  On January 17, 2023 the Cannabis Regulatory Commission ("CRC") published proposed rules that, if/when adopted, would permit Class 5 Cannabis Retail licensees and Alternative Treatment Center ("ATC") licensees to apply to the CRC for an endorsement to their CRC...
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cannabislaw cannabisregulations
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Proposed Inland Flood Protection Rule

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The New Jersey Department of Environmental Protection ("NJDEP" or the "Department") has proposed an "Inland Flood Protection Rule" ("IFP" or the "proposal") that would result in substantial changes to its existing flood hazard area and stormwater management rules.This proposal would revise requirements only for fluvial areas (non-tidal areas in the...
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environmentalprotection floodprotection NJDEP floodhazard
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Protecting Business Interests in the Face of the FTC’s Proposed Rule Banning Non-Compete Agreements

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By: Stephanie E. Farrell, Esq.  Non-compete agreements have long been used by employers to protect their business interests by preventing certain employees from immediately competing or going to work for a competitor of the employer after the employment relationship ends.Such agreements also are utilized in connection with the sale of a busine...
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ftc non-compete employmentcontract employmentlaw
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NDG Expands With New Office in Bridgeton

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Nehmad Davis & Goldstein, a prominent New Jersey real estate and commercial litigation law firm, today announced the expansion of its firm's offices to a new location in Bridgeton and its association with Howard Melnicove, Esq. "We serve clients in all 21 counties in New Jersey from our existing offices in Egg Harbor Township and Avalon," said ...
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#newoffice #firmexpansion #bridgeton
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NEW JERSEY’S “PROMPT PAYMENT ACT” IS A POWERFUL TOOL FOR CONTRACTORS

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Under New Jersey's Prompt Payment Act, N.J.S.A. 2A:30A-2, where a contractor has performed in accordance with the provisions of a contract, the owner must make payment to the contractor within 30 days after the billing date for the work performed.  Subcontractors are protected even further and must be paid by the general contractor within 10 d...
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NJ Legislature Approves Entirely “Virtual” Zoning/Planning Board Meetings

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The State Legislature recently amended New Jersey's Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1 et seq. to expressly provide that virtual zoning and planning board meetings (e.g., via Zoom, GoToMeeting, etc.) cannot be challenged merely because the public meetings are entirely "virtual" with no "in-person" participation. NJ Public Law 2021, ...
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NDG OBTAINS $378,000 JUDGMENT FOR CONDO ASSOCIATION

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NDG trial attorney Ray Went obtained a $378,000 Judgment for a condo association where the former association president misappropriated funds and failed to pay condo fees/assessments. Cedar Grove Condominium Association v. Bennett, Docket No. ATL-L-1745-20. The Courts and other governmental agencies are now open. Please contact Ray at (609) 927-117...
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NDG Partner Keith Davis Named to Top Attorney Influencers

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NDG Partner Keith Davis was named to the top attorney influencers list by ROI-NJ. Congratulations Keith! https://www.roi-nj.com/2021/02/22/roi-influencers/power-list/2021/roi-influencers-power-list-2021-lawyers
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Update Regarding the Uniform Construction Code

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The Department of Community Affairs has temporarily relaxed certain provisions of the Uniform Construction Code to ensure the continuity of construction without a detriment to the public welfare during the COVID-19 pandemic. Under the relaxed rules, the timeframe for inspections of minor work (such as routine alterations in an existing one or two-f...
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Gov. Murphy Issues Executive Order 173 –Limiting Capacity for Indoor Gatherings

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On August 3, 2020, Governor Phil Murphy issued Executive Order No. 173 which decreased indoor gathering capacity in response to the increase of COVID-19 cases in New Jersey. Specifically, E.O. 173 limits indoor gatherings to 25 percent of a room's capacity, but regardless of the room's capacity, the maximum limit shall be 25 persons, down from 100 ...
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Legal Alert: Property Tax Appeal Update

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UPDATE REGARDING PROPERTY TAX APPEAL FILING AND HEARING DEADLINES: On May 28, 2020, Governor Murphy signed Bill A-4157 into law regarding 2020 property tax appeals.The Bill, codified as P.L. 2020, c35, established July 1, 2020 as the deadline to file property tax appeals for the 2020 tax year.The Bill also reset the deadline for all hearings before...
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Authorization of Outdoor Dining Effective June 15, 2020

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EXECUTIVE ORDER 150 PAVES THE WAY FOR OUTDOOR DINING SUBJECT TO SOCIAL DISTANCING RESTRICTIONS: On June 3, 2020, Governor Murphy signed Executive Order 150 which authorizes the commencement of outdoor dining and beverage service by most restaurants, bars, wineries, breweries and similar establishments starting June 15, 2020.EO-150 was released at t...
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NJ Supreme Court Issues Third Omnibus Order

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UPDATE:NEW JERSEY SUPREME COURT ISSUES THIRD OMNIBUS ORDER REGARDING COURT OPERATIONS DURING THE COVID-19 PUBLIC HEALTH EMERGENCY: On March 27, 2020 and April 29, 2020, we wrote about the New Jersey Supreme Court's Omnibus Order and Second Omnibus Order relating to court functions and operations during the COVID-19 public health crisis/state of eme...
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Update: New Jersey Supreme Court Has Not Further Extended Deadlines

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On March 27, 2020 and April 29, 2020, we wrote about the New Jersey Supreme Court's Omnibus Order and Second Omnibus Order affecting court functions and operations during the COVID-19 state of emergency.Under those orders, most filing deadlines, discovery deadlines and statutes of limitations that would have expired on or after March 16, 2020 were ...
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Legal Alert: Gov. Murphy Issues Executive Order 142 - Permits Non-Essential Construction to Resume

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On May 13, 2020 Governor Phil Murphy issued Executive Order No. 142 as part of the state's effort to gradually and strategically reopen its economy. Pursuant to Executive Order No. 142, all "non-essential" construction projects are permitted to resume Monday, May 18 at 6:00 am. Governor Murphy's Executive Order No. 122, issued April 8, 2020, allowe...
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Legal Alert: Bankruptcy Options for Small Businesses in the COVID-19 Pandemic - The Small Business Reorganization Act

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On February 19, 2020, the Small Business Reorganization Act (the "SBRA") became effective. The SBRA created a new subchapter to the bankruptcy code, which is commonly referred to as Subchapter V. The purpose of Subchapter V filing is to reduce the cost and expense of small business bankruptcy reorganization compared to traditional Chapter 11 reorga...
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Supreme Court's Second Omnibus Order Further Tolls Certain Filing Deadlines

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On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order relating to court functions and operations during the COVID-19 state of emergency.Under that order, most filing deadlines, discovery deadlines and statutes of limitations that would have expired on or after March 16, 2020 were tolled until April 27, 2020.On April 24, 2020, the ...
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Second Quarter Real Estate Property Tax Payment

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On Tuesday, April 28, 2020, Governor Murphy signed Executive Order 130.  t permits any governing body of a municipality to adopt a resolution instituting a grace period for the payment of second-quarter property taxes to no later than June 1, 2020.This is not an automatic extension of the May 1st payment due date to June 1st. It only allows a ...
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NJ Division of Alcoholic Beverage Control Renewal Extension

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The New Jersey Division of Alcoholic Beverage Control has extended the time to renew liquor licenses until September 30, 2020. You can review a complete copy of the order here. https://www.nj.gov/oag/abc/downloads/Order-extending-2019-20-municipal-and-state-liquor-licenses-and-permits-to-Sept-30-2020.pdf File Name: NJ-Div-of-ABC-Order File Size: 1....
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Legal Alert: Court Clarifies Prior Order Extending Deadline to File Property Tax Appeals

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UPDATE REGARDING EXTENSION OF PROPERTY TAX APPEAL DEADLINES: On April 21, 2020, the New Jersey Supreme Court clarified its prior orders extending filing deadlines for 2020 property tax appeals to confirm the extension of filing deadlines applies to appeals where municipalities are subject to a revaluation or reassessment.The filing deadlines are no...
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Atlantic County Tax Board Plans to Hear Property Tax Appeals Expeditiously

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On April 24, 2020, the Atlantic County Board of Taxation released a statement concerning when it will hear property tax appeals that are filed before the COVID-19 state of emergency ends. Specifically, all tax appeals filed before the state of emergency ends will be scheduled for a Board hearing within 30 days of the end of the emergency. So, if th...
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Public Contracts During the Health Crisis

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During the COVID-19 crisis, the State of New Jersey has focused its recent public contracts on directing resources to deal with this emergency (see the link below to New Jersey Department of Public Affairs' Local Finance Notice 2020-06). Nonetheless, public contracts for roads, bridges and other infrastructure must still be performed.The law firm o...
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CARES Act Bankruptcy Law Webinar - Sign Up Now!

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Mercury and Nehmad Perillo Davis & Goldsgein Present:  CARES Act & Bankruptcy Law Webinar.  Click below for more information and to register:
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DCA Has Issued Guidance on Executive Order 122

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Department of Community Affairs has issued guidance on Executive Order 122 which restricts construction projects in New Jersey. We have been guiding our clients which fall within the exceptions, adhering to the social distancing requirements. On April 8, 2020, Governor Murphy signed Executive Order (EO) 122, which, in part, ceases the physical oper...
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DCA Gives Boards Guidance for Online Hearings

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The New Jersey Department of Community Affairs has issued guidelines for planning and zoning boards to conduct online hearings during the national and state emergencies - using platforms such as Zoom and GoToMeeting. Our firm is working with several land use boards throughout the state to schedule such virtual meetings while adhering to all legal r...
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Guidance from the Department of Community Affairs

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In the face of government closures, the Department of Community Affairs has issued guidance to construction officials across the state to continue to accept and process construction permit applications. You can review the guidance here: https://www.nj.gov/dca/divisions/codes/alerts/pdfs/COVID_memo.pdf If you require assistance in processing your pe...
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Legal Alert: Time to Appeal Land Use Decisions Extended by Supreme Court

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On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order addressing ongoing COVID-19 measures relating to court functions for all divisions of the court, as well as deadlines for discovery and court filings and statutes of limitations deadlines.  With respect to developers, the important takeaway is that the 45-day statute of li...
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Legal Alert - March 27, 2020: Information and Guidance on Economic Injury Disaster Loans as a Result of the COVID-19 Pandemic

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The U.S. Small Business Administration (the "SBA") is providing assistance to small businesses affected as a result of COVID-19.Pursuant to the SBA Disaster Declaration # 16349; NEW JERSEY Disaster Number NJ-00057 Declaration of Economic Injury, issued on March 18, 2020, the Economic Injury Disaster Loans ("EIDL") program was made available to smal...
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HAVE YOUR BASIC LEGAL DOCUMENTS IN PLACE

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THIS IS THE TIME TO HAVE YOUR BASIC LEGAL DOCUMENTS IN PLACE In these unprecedented and trying times resulting from the Coronavirus outbreak, fear and worry have understandably consumed much of the population.Now is a good time to think about the need to have certain basic legal documents in place, such as a Last Will & Testament, Living Will a...
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Impossibility To Perform Under A Contract (“Force Majeure”)

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In these unprecedented and challenging times brought about by the Coronavirus and the governmental response thereto, there is a specific contract term that exists in many contracts which most people consider to be just "boiler plate". It is known as the "Force Majeure" clause, and it seldom comes into play.It generally identifies occurrences that i...
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North Wildwood now permits duplexes as a conditional use

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From the North Wildwood Planning Board Secretary: New North Wildwood Land Development Zoning Ordinance adopted on December 26, 2018 now permits duplexes on a minimum/existing 5,000 sq. ft. lots AS A CONDITIONAL USE (i.e. meaning site plan approval is required by the Planning Board). Site plan application must meet conditions as specified in Chap. 2...
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Legal Law Real Estate
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Stone Harbor to amend pool setback standards

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On July 3, 2018, the Borough of Stone Harbor introduced an ordinance to relax the building requirements for swimming pools within the rear yard setback area to the bulkhead line on bayfront lots. Currently there is no standard for pools and the general 10 foot setback applies. That is being reduced to 5 feet, limited in height to 8.7 feet NAVD 88 p...
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NEW POOL REGULATIONS FOR COMMUNITY ASSOCIATIONS

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The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1 et seq. ("the Code") was recently amended in ways that will impact community associations (e.g., condominium and homeowners' associations) having at least three dwelling units. These changes to the Code range from minor housekeeping matters to more significant operational a...
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Legal Real Estate
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Construction Permit No Longer Required for Roofing & Siding Jobs on One & Two Family Dwellings

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The NJ Department of Community Affairs has reclassified roofing or siding jobs on one and two-family dwellings as minor work and ordinary maintenance, and now includes them on its list of home improvement jobs that no longer are subject to inspection. As such, it is no longer necessary to secure a construction permit to perform the work. The new ru...
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Tax law changes affecting tax credits to invest in affordable housing

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This article in the Inquirer explains how the new tax law will negatively impact investment in affordable housing projects throughout the country. Tax credits allowed those in high tax brackets to reduce their tax obligations if they invested in low income housing developments. But with corporate tax rates being reduced, the incentive for affordabl...
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Taxes
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Filing a property tax appeal is more important than ever under new federal tax law

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FILING A PROPERTY TAX APPEAL IS MORE IMPORTANT THAN EVER UNDER THE NEW FEDERAL TAX LAWS. We now have new federal tax laws for 2018. Perhaps the most significant impact on New Jersey will be the $10,000.00 cap on the deduction for state income and property taxes. Until now, New Jersey residents were able to deduct 100% of their state income and prop...
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Taxes
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New Developer-Friendly Site Plan Bond Requirements Enacted

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On January 15, during his last day in office, Gov. Chris Christie signed into law Assembly Bill 1425/Senate Bill 3233, which implements major reforms to the requirements for the posting of performance and maintenance guarantees under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq. The new law is effective immediately. Municipalities ar...
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