Recent Blog Posts

    • Opportunities and Profitability of Solar Energy Continues to Increase Renewable energy opportunities continue to exist and will likely increase drastically in the future. One of the concerns here in New Jersey is the need to extend, accelerate or expand the Solar Renewable Energy Credit (SREC) opportunities.   SRECs are those credits purchased by power companies for the production of solar energy. Given that solar energy facility production has exceeded expectations, creating a glut of SRECs available for purchase, the value of the SRECs have dropped to less than half of the pre-glut value.   The newly adopted New Jersey Energy Master Plan proposes to accelerate the purchasing obligation of utilities, or take other actions to stabilize the SREC market, and therefore may improve the value of SRECs and increase the ability to finance solar energy facilities. That, along with ongoing federal tax credits, create the opportunity for New Jersey to continue to be one of the national leaders in solar energy production, currently second only to ....
    • Chapter 91 Update: "The check is in the mail" In previous blogs, I discussed the scope of Chapter 91, whether an owner-occupied property is subject to a Chapter 91 request, and the problems associated with requesting a reasonableness hearing when a Chapter 91 motion is granted. Now we move to what happens when the property owner mails its response to the Chapter 91 request, but the municipality denies receipt of the response?   The New Jersey Tax Court recently answered this question in a case where the court sided with the property owner and denied the municipality’s motion to dismiss a tax appeal.  See Cam Gar v. Verona Township, Docket No. 004838-2011, NJ Tax Court, Nov. 9, 2011 [link].    Verona Township sought to dismiss a tax appeal alleging the property owner failed to respond to a Chapter 91 request.  The property owner admitted it received the request, but argued it responded to the request in a timely manner by mailing the completed response to the assessor.  To support its position, ....
    • Failure to Pay Taxes Can Lead to the Dismissal of Your Property Tax Appeal As a general rule, a property owner must be current with its property taxes when it files a complaint with the New Jersey Tax Court to appeal a property tax assessment. If the taxes are not current, the municipality can move to dismiss the complaint.   Is there an exception to this rule? Yes, but it is very limited.   The New Jersey Tax Court can “relax the tax payment requirement and fix such terms of payments as the interests of justice may require.”  N.J.S.A. 54:51A-1(b).  Recently, the New Jersey Tax Court reviewed a case where a property owner asked the court to relax the payment requirement because the municipality was partially to blame for the financial problems arising from the development of the property being appealed.  Evans-Francis Estates Associates, LP v. Township of Cherry Hill, Docket No. 012386-2011, New Jersey Tax Court, Nov. 9, 2011.   The owner alleged the municipality’s reluctance to allow affordable housing ....
    • Builders and Contractors Take Note: The Move to Make Buildings Healthier is Upon Us Vincent J. Mangini, Shareholder in Stark & Stark’s Real Estate, Zoning & Land Use Group, authored the article, Builders and Contractors Take Note: The Move to Make Buildings Healthier is Upon Us, for the October 2011 edition of Mercer Business Magazine. When construction a new building, contractors should ensure that the facility is sturdy, functional and safe. However, some materials and products used in building design and construction are not. Due to this fact, government agencies and non-profit organizations have recently expressed concerns over the chemicals used in construction and their impact upon the public health. ....
    • The Installation of a Solar Energy Facility Presents a Myriad of Legal Issues In New Jersey, solar energy facilities have become very popular, especially among businesses and residential property owners, making our State second only to California on the national stage for total solar installations. According to the 2011 Draft Energy Master Plan released by the Christie Administration this past June, there are approximately 9,000 solar photovoltaic projects within the State and most of these are located on commercial and residential sites. Specifically, as of February 28, 2011, in terms of installed capacity, commercial and residential solar projects produced approximately 240 megawatts of power and accounted for 82% of all projects statewide (with most of the remaining 51 megawatts being installed on government sites, school properties and farmland).   The drive by commercial establishments and property owners to offset conventional power sources with solar energy certainly comports with current State and federal energy policies.  However, the ....
    • Handling Protesters/Solicitors at N.J. Shopping Malls Thomas S. Onder, Shareholder in Stark & Stark’s Litigation Group, and Cary S. Kvitka, member of Stark & Stark’s Litigation Group, authored the article, Handling Protesters/Solicitors at N.J. Shopping Malls for the September 5, 2011 edition of the New Jersey Law Journal.   Mr. Onder and Mr. Kvitka state that generally, mall owners may impose restrictions against commercial solicitations and restrictions on the place, time and manner of noncommercial speech activities. However, any commercial restriction should be less onerous than the restrictions noted in the cases cited. Additionally, a mall owner should not adopt any such restrictions unless it can justify that each requirement is necessary in order to protect the mall owner’s commercial interests.   ....
    • New Jersey Prosecutor Determines that Deliberations via E-mail by Municipal Officials Violates the New Jersey Open Public Meetings Act To the extent there was any doubt, a recent article in the New Jersey Law Journal reports that a third county prosecutor has determined that deliberations via email of municipal action by a quorum of municipal officials about government business violates the New Jersey Open Public Meetings Act (commonly known as the Sunshine Law). As in the cases of the Cape May County and Burlington County Prosecutors, the Gloucester County Prosecutor declined to pursue an action, notably because the incidents in question were deemed to be incidental and unintentional and the penalty for a first offense is merely $100, with penalties up to $500 for subsequent violations of the Sunshine Law. Where this becomes more relevant is in the possible challenge to municipal action where the deliberations take place outside public scrutiny via email. Given that emails discussing government business are subject to scrutiny under the Open Public Records Acts, we can and should anticipate greater inquiry and ....
    • Landlord and Tenant Insurance Coverage After Hurricane Irene If you are like most people in the Northeast, you experienced wind, rain and flooding right out of a disaster movie. Now that the storm has passed, it’s time to begin to look at the next stage of recovery and the most important document you should be reviewing is your insurance policy. Commercial landlords and tenants spend a great deal of time and money obtaining property insurance coverage for their businesses. However, not everyone knows the intricacies of insurance coverage following a natural disaster, nor do they have a full understanding of their rights to recover their losses.     Following are some quick tips for dealing with insurance issues: Review Your Policy. Before you do anything else, make sure you have a complete, current copy of your policy(s) and review them to get an understanding of what insurance coverage you have. For example, what are the policy limits? Are their endorsements pertaining to a “hurricane” loss? What are your deductible ....
    • What is NJR Clean Energy Ventures?  Gary Forshner, Shareholder in Stark & Stark's Real Estate, Zoning and Land Use Group, meets with Chris Savastano, Director of Commercial Development for NJR Clean Energy Ventures understand what NJR Clean Energy Ventures is and what type of projects they are familiar with. What is NJR Clean Energy Ventures? from Stark & Stark on Vimeo. ....
    • New Jersey League of Municipalities Subject to Public Records Request The real estate industry has seen a lot of changes over the past several years, and now, for those in the state of New Jersey, there is one more. In the matter of Fair Share Housing Center Inc. v. N.J. State League of Municipalities, the New Jersey Supreme Court took what at first blush might have been thought an unusual decision yesterday, declaring that the New Jersey League of Municipalities is a “public agency” possessing “government records” and therefore is subject to disclosure under the Open Public Records Act. The League is a nonprofit, unincorporated association representing all of New Jersey’s 566 municipalities, which includes over 13,000 municipal officials and over 560 mayors.    The League is the lobbying arm of New Jersey’s municipalities and is supported in large part from public funding in the form of membership dues. Additionally, its employees participate in the Public Employees’ Retirement System, after The League ....
    • Earthquake in New Jersey? Why Building Codes are Important Even on the East Coast Minutes ago we here in Lawrenceville, New Jersey and Newtown, Pennsylvania felt the earth shake…literally. An earthquake measured at 5.9 on the Richter scale, centered in Mineral, Virginia (just outside of Richmond), was felt along significant parts of the East Coast.    Developers, property owners, architects, engineers and frankly all of us are to be thankful for building code requirements that consider earthquakes as an element of structural design, not only here in New Jersey, but throughout the entire nation.    While structural design and building codes in California for instance must pay far more attention to the possibility and severity of earthquakes, all building codes are required to consider the impact of natural events (including wind and earthquakes) no matter how uncommon such natural events might be. Without such building code requirements, there could have been far more damage than the building shaking and buzz around the office we felt here ....
    • Recent Trends in the Solar Industry  Gary Forshner, Shareholder in Stark & Stark's Real Estate, Zoning and Land Use Group, meets with Chris Savastano, Director of Commercial Development for NJR Clean Energy Ventures to discuss the recent trends in the solar industry. Recent Trends in the Solar Industry from Stark & Stark on Vimeo. ....
    • What is Needed in Order to Make a Solar Project Work? Gary Forshner, Shareholder in Stark & Stark's Real Estate, Zoning and Land Use Group, meets with Chris Savastano, Director of Commercial Development for NJR Clean Energy Ventures to discuss the components needed in order to make a solar project work.  What is needed in order to make a solar project work? from Stark & Stark on Vimeo. ....
    • What Are The Property Owner's Rights When Multiple Approvals Exist? In the first published decision of its kind, the Appellate division in the matter of Price v. Martinetti asks the question whether a property owner having land use approval to develop land loses the right develop under the first approval in the event a second approval for a different development scheme is subsequently granted. In this instance the court concludes that a landowner generally retains the right to develop the property under either development approval. Under certain instances that did not apply in the Price decision, the court alluded to the possibility that it might reach a different conclusion, but generally, a property owner holding an approval will be able to develop under the original development plan should the landowner choose, notwithstanding an approval for a different development scheme granted subsequently.   ....
    • Different Types of Solar Energy Projects Gary Forshner, Shareholder in Stark & Stark's Real Estate, Zoning and Land Use Group, meets with Chris Savastano, Director of Commercial Development for NJR Clean Energy Ventures to discuss the different types of solar projects and how each one works.  What are the different types of solar projects? from Stark & Stark on Vimeo. ....
    • Tax Incentives for Renewable Energy Projects Renewable energy projects, including wind, solar, biomass, etc., continue to rely upon critical tax and other incentives to be cost effective. In the future such incentives may prove unnecessary but now, during the relative infancy of the renewable energy industry, projects would not proceed absent such incentives. Federal legislation has been introduced to extend the 30 % tax credits for offshore wind projects past the current expiration at the end of 2011. As the industry matures, costs and efficiency of renewable energy projects improve, but for now if we are to reduce carbon footprint (greenhouse gases), emissions and the geo-political impacts of fossil fuels, these tax incentives continue to be a necessary component of this industry that is creating important job opportunities and reducing energy costs. ....
    • How Does Solar Energy Production Work? Gary Forshner, Shareholder in Stark & Stark's Real Estate, Zoning and Land Use Group, meets with Chris Savastano, Director of Commercial Development for NJR Clean Energy Ventures to discuss how solar energy production works. How Does Solar Energy Production Work? from Stark & Stark on Vimeo. ....
    • Tenants Can Utilize a Renewal Option as an Alternative to a Lengthier Commercial Lease Term A renewal option contained in a lease agreement can be a vital provision for the success of a business owner. When negotiating a commercial lease, it is essential that a tenant take into consideration various factors when determining the term of the lease such as the nature of the business, the rent amount and the length of time the business has been operating.   Perhaps the most important factor to consider is the location of the leased premises, which will invariably dictate whether the lease is long term or short term. If the location is favorable for a particular type of business, a business owner may still be hesitant to enter into a long term lease. As an alternative, the tenant can negotiate a renewal option, which would give the tenant the option to renew the lease agreement for a specific term by providing notice to the landlord of the intent to exercise the option prior to the end of the initial lease term.   A renewal option may provide a tenant with leverage upon ....
    • Stark & Stark Wins Case For Property Owner Against Rowan University On May 17, 2011, Timothy P. Duggan, Chair of Stark & Stark’s Eminent Domain and Property Valuation Group, was successful in obtaining a jury verdict in a condemnation action for $4,450,000. Mr. Duggan represented the owner of an old bank building which was taken by Rowan University. When Rowan University and the property owner could not reach an agreement on the amount of just compensation, the matter was tried before a jury in Camden County, New Jersey.   Rowan University’s appraiser initially valued the property at $2.8 million, however, nine months after the complaint was filed, Rowan attempted to reduce its offer to $2.35 million. Prior to the start of trial, Mr. Duggan was successful in having the new appraisal stricken, which resulted in Rowan University being forced to rely upon its initial appraisal of $2.8 million.   The property owner’s appraiser opined to a value of $4,580,000. The jury listened to the testimony of four experts (two appraisers ....
    • East Windsor Will Serve As Largest Private Solar Power Plant in Western Hemisphere How does one get the Western Hemisphere’s largest private solar power generation plant approved? Teamwork, diligence, professionalism and consensus building. Over the past few months, I had the honor of working with a terrific team of professionals, who having put all critical requirements in place, obtained municipal land use approval for the western hemisphere’s largest solar power plant. Planning Board approval was granted after just 6 weeks from filing of the application due to terrific consensus building and outstanding support, from local officials. The $60,000,000, 50-acre solar farm will produce an astounding 18 million kilowatts of power annually; enough to power the equivalent of 1,500 homes. Moreover, the project reduces greenhouse gases by over 12 metric tons, the equivalent of taking almost 2,500 cars off the road. ....
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