The New Jersey Assembly on March 25 unanimously passed Assembly Bill No A-3902, which proposes to vest in the Director of Local Government Services the ability to extend the deadlines under the Municipal Land Use Law and other statutes that require certain municipal action before a given deadline during a declared state of emergency or public health emergency. This would effectively suspend all timeframes for determining completeness or requiring a vote by the zoning or planning board on a given application. This legislation now moves to the Senate for consideration, and we will continue to monitor various legislative and regulatory updates.
Category: Real Estate
The novel coronavirus is leaving its mark on all aspects of our lives, and the real estate industry is certainly no exception. Whether you’re in the initial planning stages of a mixed-use redevelopment, the mid-point of a lease term, or the final stages of a construction project, the challenges presented by our current environment can make you feel like you’re at the end of your rope. No need. While some of today’s issues are indeed novel, many can be viewed as a 2020 version of past issues that we have helped clients to not only weather successfully but also used as a springboard to advance projects forward as those troubled waters receded. The Gibbons Real Property Department relies on its transactional, development, redevelopment, and financing attorneys to bring a comprehensive and seamless approach to advancing the interests of our clients. To give some idea as to the breadth of experience we bring to help us identify current issues and strategies, some of the industry areas where we regularly practice include: Public/private infrastructure projects (P3s) Commercial leasing, conveyancing, and financing Redevelopment projects, including PILOT applications, redevelopment, and financial agreements and RAB bonds Mixed-use retail/multi-family residential, including affordable housing Healthcare facilities, including...
Eight Gibbons Real Property and Environmental Attorneys Selected to 2020 New Jersey Super Lawyers and Rising Stars
Attorneys from the Gibbons Real Property and Environmental Departments were featured in New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars, with five attorneys on the 2020 Super Lawyers list and three on the 2020 Rising Stars list. These attorneys were listed in a wide range of categories, including Environmental, Land Use/Zoning, and Real Estate. The Gibbons attorneys listed in the 2020 issue of New Jersey Super Lawyers are Russell B. Bershad, Howard D. Geneslaw, William S. Hatfield, John H. Klock, and Susanne Peticolas. Jordan M. Asch, Andrew J. Camelotto, and Cameron W. MacLeod were selected to the 2020 New Jersey Super Lawyers Rising Stars section. For the full release, please see here.
For the tenth consecutive year, NJBIZ has featured attorneys from Gibbons P.C. on its annual “Power 100” list of the most influential people in New Jersey business. Patrick C. Dunican Jr., the firm’s Chairman and Managing Director, is one of a select few people to be named to this list every year it has been published, while Jennifer Phillips Smith, a Director in the firm’s Real Property Department, makes her debut on the 2020 list. This year, NJBIZ notes of Mr. Dunican: The influence of Gibbons PC, one of the state’s biggest law firms, grew this year with the addition of an office in Red Bank. The 94-year-old Newark firm, which has a Trenton outpost that opened in 2002, expanded to Red Bank because it’s a linchpin of Monmouth County and home to some of its most significant clients—nearly half of the county’s top 10 employers are Gibbons clients. Patrick Dunican has been at the helm since 2004 and his business influence extends internationally: he was recognized in August for promoting business ties between New Jersey and Ireland by Donegal County Council with the 2019 Tip O’Neill Irish Diaspora Award. From 2017 to 2018, exports from the Garden State to...
The Gibbons Real Property Department will once again exhibit at the upcoming International Council of Shopping Centers (ICSC) New York Deal Making Conference at the Jacob K. Javits Convention Center on December 11-12. Stop by our booth, #2411, to meet some of the Department’s attorneys who will be in attendance (Click here to view our booth location marked as the red circle). Deal Making hours are Wednesday, December 11, from 8:00 am to 5:00 pm, and Thursday, December 12, from 8:00 am to 3:00 pm. We look forward to seeing you there!
Cameron W. MacLeod, an Associate in the firm’s Real Property Department, authored an article, “Finding the Outer Edges of ‘Good Faith’ in ‘Mt. Laurel’ Litigation” in this week’s New Jersey Law Journal. An excerpt from the article can be found below. To view the full article, click here. In 2015, the court directed that municipalities revise their housing elements and fair share plans “with good faith” and with “reasonable speed.” In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 33 (2015). Now, four and a half years later, the question of what constitutes “good faith” in these constitutional compliance cases is paramount, as the trial courts are now faced with whether a municipality’s housing element and fair share plan are consistent with the Mount Laurel obligations. The recent trial court decision in In re Englewood Cliffs, as well as the 2016 decision from Judge Wolfson in In the Matter of the Application of South Brunswick, both demonstrate what steps are necessary to establish “good faith” in these cases. Of the 300-plus declaratory judgment actions commenced in the wake of the Supreme Court’s decision in In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1 (2015), many have now settled, or are...
The Gibbons Real Property Department will once again exhibit at the International Council of Shopping Centers (ICSC) PA/NJ/DE Conference & Deal Making at the Pennsylvania Convention Center on September 12. Stop by our booth, #319, and meet with some of the Department’s attorneys who will be attending. Deal Making hours are Thursday, September 12, from 8:30 am to 4:00 pm. The Conference provides an opportunity for real estate professionals (shopping center owners, developers, managers, marketing specialists, investors, lenders, retailers, etc.) to network and focus on getting deals done. We look forward to seeing you there!
The Gibbons Real Property Department will once again exhibit at the International Council of Shopping Centers (ICSC) New York Deal Making Conference at the Jacob K. Javits Convention Center on December 5-6. Stop by our booth, #2411, and meet with some of the Department’s attorneys who will be attending (Click here to view the Deal Making floor plan). Show hours are Wednesday, December 5, from 8:00 am to 5:00 pm, and Thursday, December 6, from 8:00 am to 3:00 pm. We look forward to seeing you there!
Longtime Gibbons clients Ironstate Development Co. and Panepinto Properties have unveiled the final phase of a major joint real estate project with residential, retail, and hospitality components in the heart of Jersey City and with direct access to the Grove Street PATH station. A team of Gibbons attorneys has represented the Ironstate and Panepinto joint venture on the Columbus project since its inception, advising our clients over the course of a decade and three significant project phases, which industry publication Real Estate NJ recently summarized.
Howard D. Geneslaw, a Director in the Gibbons Real Property Department, will participate in an upcoming webinar entitled “Advanced Topics in Land Use IV: Zoning and Planning Boards.” The webinar is presented by the New Jersey State Bar Association (NJSBA) and co-sponsored by the NJSBA Land Use Law Section and will be held on April 25 from 12:00 – 1:40 p.m. This is the fourth webinar in the NJSBA’s ongoing series featuring discussions about a variety of current zoning trends. Mr. Geneslaw’s topic is “Case Law Developments in Bad Faith Objections to Land Use Applications – Has the Judicial Tide Turned on Objections Asserted by Business Competitors?” In addition to Mr. Geneslaw, panelists will include Richard S. Schkolnick, Esq. (moderator), Brown Moskowitz & Kallen, PC; Gary S. Forshner, Esq., Greenbaum Rowe Smith & Davis, LLP; Donna M. Jennings, Esq., Wilentz Goldman & Spitzer, PA; Kenneth A. Porro, Esq., Chasan Lamparello Mallon & Cappuzzo, PC; and William C. Sullivan Jr., Esq., Scarinci & Hollenbeck. For a detailed agenda or to register, click here.