“If you go in and pay a million dollars, and next door someone pays me a million cents, you’re not happy. I’m not a politician, so I can say it: It hurts the rest of the job. For me to build essentially 15 to 20 percent of the job and give it away, that ruins…

By Robert Axel Kasuba, Associate, Sills Cummis & Gross P.C.

The New Jersey Council on Affordable Housing (“COAH”) published regulations in January 2008, which, if adopted, will likely effectively shut down real estate development in New Jersey. While the financial impact of the regulations is difficult to quantify, it has been estimated that these regulations…

The federal civil False Claims Act (“FCA”) has been the federal government’s favorite weapon to enforce its antifraud initiatives, particularly in the healthcare industry. New Jersey has now joined twenty other states and the District of Columbia in enacting its own version of the federal law to target alleged fraud by companies that do business…

On Thursday, January 24 the Senate Community and Urban Affairs Committee is scheduled to consider S-159 sponsored by Senator Diane Allen. This legislation (attached) would require the “Main Street New Jersey” program after the effective date of the bill, to be administered by the New Jersey Housing and Mortgage Finance Agency (HMFA) in conjunction with…

On December 17, Senate President Dick Codey introduced S-3043 https://www.njbia.org/pdf/f080083.pdf , legislation providing a 100 percent capital investment corporate, insurance or gross income tax credit for certain businesses locating with one-half mile of a train station in select cities. Businesses must invest a minimum of $75 million in new construction, rehab, fit-up or equipment costs.…

The New Jersey Council on Affordable Housing released the long-awaited response to the Appellate Division’s January 25, 2007 ruling striking down the prior ” Third Round” rules, which governed the production and administration of affordable housing. The Appellate Division was concerned with a number of issues, including the amount of affordable housing which needed to…

Earlier today, the Appellate Division released its decision in Oceanport Holding, L.L.C. v. Borough of Oceanport, et al., docket no. A-6127-05T3. The issue on appeal was whether the trial court properly granted summary judgment to the municipality on the grounds that the plaintiff-developer did not engage in sufficient negotiations before filing the Mount Laurel litigation…

Peter G. Verniero, Chair of Sills Cummis Epstein & Gross’ Appellate Practice Group and Co-Chair of the Firm’s Corporate Internal Investigations and Business Crimes Practice Group, wrote an op-ed on eminent domain which appeared in the Sunday, August 26, 2007 issue of The New York Times. Please click here to view this op-ed.