Blogs > Location Litigation

Mar 22, 2021

Property Rights Are on the Supreme Court’s Docket This Week

How did questions about easements and the rights of union organizers to solicit prospective members end up before the Supreme Court? And at what point does an easement imposed by the government rise to the level of a taking? These are just some of the questions the United States Supreme Court will grapple with this coming week in the case of Cedar Point Nursery and Fowler Packing Company v. » Read More

Aug 06, 2020

Virginia First To Adopt COVID-19 Rules for Workplaces

I recently posted two articles addressing the obligations of building owners and their tenants to undertake reasonable steps to mitigate the potential for transmission of COVID-19 among employees and clients. (See: “Building Owners Must Have a Plan” and “Employer Responsibilities to Provide a Safe Workplace During COVID-19“.) » Read More

Jul 23, 2020

Employer Responsibilities to Provide a Safe Workplace During COVID-19

I recently outlined the steps the Center for Disease Control (CDC) recommends building owners take when preparing their buildings to be re-occupied after the lifting of the COVID-19 pandemic-related government shutdowns (see: “Building Owners Must Have a Plan”). Because OSHA obligates employers to “furnish to each of [their] employees …a place of employment [that is] free from recognized hazards that are causing or are likely to cause death or serious physical harm to [their] employees,” employers occupying those buildings too must have a safe workplace plan in place. » Read More

May 29, 2020

No Rent Abatement for Small Businesses in New Jersey: Landlord/Tenant Trials Remain Suspended Through June 14, 2020

One of the questions frequently asked when the lockdown began over two months ago was from small business owners who wanted to know whether they had the right to suspend their rent payments. In response, the New Jersey Legislature introduced a bill on April 9, 2020, that would authorize Governor Murphy to permit emergency rent suspensions for a small business tenant economically distressed as a result of the pandemic. » Read More

Apr 06, 2020

Operational Guidance for Planning Boards and Zoning Boards of Adjustment During the COVID-19 Pandemic

On April 2, 2020, the New Jersey Department of Community Affairs, Division of Local Government Services (DLGS) issued guidance to municipal planning and zoning boards to ensure continuity of land use application procedures and due process while simultaneously adhering to the COVID-19 social distancing and health measures. » Read More