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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Pinelands Commission Approves Solar Farm on Former Landfill in Stafford

Posted by on Oct 22, 2010 in Green Building, Solar Energy

By: Henry T. Chou, Esq.
The Pinelands Commission has approved a solar farm project on top of a closed landfill in Stafford Township. Recognizing the benefits of the solar farm and its consistency with the goals of the Pinelands Master Plan, the Commission granted a waiver from the conservation easement requiring the former landfill to be maintained as open space.

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Hill Wallack LLP Attorneys Obtain Key Appellate Opinion Striking Down Affordable Housing Regulations

Posted by on Oct 11, 2010 in COAH and Affordable Housing Issues

Princeton, NJ — In a case brought by Hill Wallack LLP on behalf of the New Jersey Builders Association, the Appellate Division of the New Jersey Superior Court today struck down key provisions of the affordable housing regulations promulgated by the New Jersey Council on Affordable Housing (COAH). The Appellate Division ruled that the regulations would impede construction of affordable housing by private builders in New Jersey. The court also held that the regulations improperly permitted municipalities to reduce or avoid their constitutional obligations to provide for affordable housing.

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