Acting Governor Guadagno Signs Bill to Extend Moratorium on 2.5 Percent Non-Residential Development Fee

Posted by on Aug 24, 2011 in COAH and Affordable Housing Issues, General Information, Legislation, Permit Extension Act, Retail/Commercial

By: Michael J. Lipari, Esq.
Today, Acting Governor Kim Guadagno signed a bill into law that extends a prior moratorium on the 2.5 percent non-residential development fee. This law (Legislative Bill S-2974) extends the moratorium for an additional two years, which should provide relief to commercial real estate developers.

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New “Vertical GDP” Law Provides Options to Developers

Posted by on Jul 19, 2011 in Developer's Agreements, General Information, Legislation, Municipal Land Use Law, Redevelopment, Retail/Commercial

By: Michael J. Lipari, Esq.
In an effort to provide certainty to development projects in the urban and more developed areas of the State, legislation has been adopted that extends general development plan (GDP) protection to large development projects situated on smaller sites.

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Rules of the Game Allow Commercial Leases that Restrict Competition

Posted by on Oct 28, 2010 in Retail/Commercial

By: Michael J. Lipari, Esq.
A legal battle between developers of competing retail outlet shopping centers has culminated in a key ruling that allows creative leases to restrain competition by impeding the entry of competitors into the marketplace. The opinion, Sussex Commons Outlets, LLC, v. Chelsea Property Group, Inc., et al., held that commercial leases that prevent tenants from operating stores within competing commercial centers are valid, so long as they do not violate the “rules of the game.”

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