Defining Navigable Waters: Laws and Regulations
Vessels have the right to use navigable waters free from obstruction. Petition of Martin, 102 F. Supp. 43 (E.D. Pa. 1951). Every material obstruction to navigation is unlawful and a nuisance to the extent it is unauthorized. Newark Plank Road Company v. Elmer, et...
New Jersey Expungement Law – Are You Eligible?
Need a second chance? Are you one of the thousands of people a year in the State of New Jersey who have been arrested and/or convicted of an Ordinance Violation, Disorderly Persons Offense, or Indictable Offense? If so, you may be at a serious disadvantage in...
Tidelands Claims and Development Applications in Lagoons and Natural Waters
How one determines whether the waterway adjoining one’s upland is a lagoon or a natural waterway is a bit of a science and a bit of art. The State claims title to lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior...
The Importance of a Waterfront Development Permit
In Rotelle v. N.J.D.E.P., 92 N.J.A.R. 2D (EPE) (1992) the Court found that the basic facts were not in dispute. “The petitioner sought and received a waterfront development permit in 1981 and built the structures allowed by that permit. Thus, he was aware of the need...
The Sirens of Business Litigation and a Company’s Need for Litigation Avoidance Practices
In the competitive nature of business and industry the “Sirens of Litigation” are encountered during the lifespan of many companies and firms. However, the enticement of pursuing such business disputes can come at a significant expense to any company. The financial...
Christina Hardman-O'Neal to Speak at NJSBA Mid-Year Meeting
DEMLP Partner Christina Hardman-O’Neal will be speaking at the upcoming NJSBA Mid-Year Meeting in Madrid, Spain on October 23, 2017. She will be on an international panel of women discussing “How the Lack of Gender, Ethnic and Cultural Diversity Impacts Litigation...
DEMLP to Participate at Autism New Jersey Annual Conference
The firm will be hosting an exhibit table at the 35th Annual Autism New Jersey Conference in Atlantic City on October 19-20. Tax and Estate Planning Partners Christina Hardman-O’Neal and Anne Marie Mazzu will be on hand to answer questions. The conference offers...
Riparian Grants: Practice and Procedure
A discussion discerning whether a bulkhead in a man-made lagoon has all the necessary permits in order to proceed with a Riparian Grant Application. The N.J. Bureau of Tidelands Management demands that an Applicant applying for a Riparian Grant that would extinguish...
Sexual Harassment in the Workplace
Sexual Harassment was first recognized as a civil rights violation and a type of discrimination in 1986. As most of us know, sexual harassment in the workplace violates Title VII of the Civil Rights Act; the New Jersey Law Against Discrimination and applicable...
New Jersey Enacts Digital Fiduciary Act
The Legislature has adopted, and the Governor has signed into law, the Uniform Fiduciary Access to Digital Assets Act (UFADAA). Prior to the enactment of the UFADAA, the law was fuzzy as to who was entitled to digital assets of a decedent or a disabled individual. ...
The New Elections Law – What Condo Associations Need to Know
On July 13, 2017, Governor Christie signed into law new legislation that was initiated as a direct response to the New Jersey Appellate Division’s decision in Moore v. Radburn Ass’n, Inc. The new law is designed to make community association elections, including...
Beach Development is Prohibited. What Are the Exceptions?
Development is prohibited on beaches (N.J.A.C. 7:7E-3.22(b)). That said, it is important to know just what the State of New Jersey designates as a beach. According to the Coastal Zone Management Rule (N.J.A.C. 7:7E-3.22), beaches are generally sloping areas of sand...
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