The trial lawyers in Day Pitney's Real Estate Litigation practice group have years of experience representing corporations of every size and individuals in their real estate-related disputes. The group provides clients with both a multijurisdictional resource and the local knowledge that is so critical to successfully pursuing or defending real estate disputes. Members of this interdisciplinary group work directly with our colleagues in our Energy and Utilities, Financial Services, Real Estate and Environmental, Tax, and Private Client groups to identify and address all major issues involved in real estate disputes.
Our real estate litigation experience runs the gamut from administrative matters to hearings before local boards and agencies, trials before state and federal courts, and appeals. Our real estate litigation practitioners are experienced trial attorneys and appellate advocates, with long track records of success in substantial matters for large privately owned corporations, Fortune 500 and 100 companies, utilities, telecommunications carriers, municipal and public entities, and individuals.
Consistent with Day Pitney's client-focused approach, we partner with our clients in learning their business to maximize results in light of their business objectives. Our experience allows us to think creatively in connection with settlements and in alternative dispute resolution settings.
Day Pitney's Real Estate Litigation practice group was presented with the Real Estate Litigation Department of the Year Award by the New Jersey Law Journal (ALM Media Properties LLC) in 2014 (see Awards Methodology). No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Types of disputes typically handled include:
Sale of real property, including contract disputes, breach of contract, and consumer fraud and fraud in connection with sales
Commercial lease disputes, including retail, office and ground leases, as well as commercial eviction and summary dispossession and ejectment actions
Construction disputes and disputes involving construction contracts
Land use and zoning disputes and appeals, including challenges to zoning ordinances and application denials under state law, as well as the Civil Rights Act of 1964 and similar state civil rights statutes, with particular experience with regard to telecommunications facilities under the Telecommunications Act of 1996 and denials of applications of religious organizations under the Religious Land Use and Institutionalized Persons Act (RLUIPA)
Title disputes, including quiet title, deed restrictions, easement disputes and encroachments, adverse possession, and deed defects
Condemnation, eminent domain, and prerogative writ and mandamus actions
Real property assessment appeals and contests, and tax foreclosures
Property tax exemptions and appeals
Riparian rights and deeds, and farmland assessments and rollbacks
Disputes regarding the valuation of real property and/or real property interests
New Jersey affordable housing litigation, builders’ remedy suits and matters involving the Council on Affordable Housing (COAH)
Utility easements, rights of way and property nuisance claims
Prior results do not guarantee a similar outcome.
Filed a challenge to a rezoning for a Fortune 100 corporation on a 200-acre parcel, and obtained a reversal of the rezoning after a trial, preserving value in the property in the tens of millions of dollars
Successfully defended a Fortune 100 corporation in connection with a dispute involving a gas pipeline easement, and obtained a no-cause verdict after a lengthy trial, saving the client millions of dollars in alleged damages
Successfully defended at trial tax assessments in excess of $10 million on a private golf course on behalf of a large municipality
Defended a Fortune 100 company in connection with a sewer utility dispute in which recapture of sewer capacity was sought and the value of the investment in the capacity was in excess of $5 million
Engineered a complex settlement of a real property tax assessment appeal on behalf of a Fortune 500 company in connection with a corporate headquarters, in which the assessment was reduced from $114 million to $85 million. The settlement also involved a rezoning of property, donations of land and the dedication of reciprocal easements
Obtained a settlement on behalf of a large multinational corporation, reducing its real property tax assessment on a corporate headquarters site from $90 million to $55 million.
Successfully defended a lease dispute, which also involved a claim of breach of sale of business contract, in federal court and obtained a no-cause verdict after a lengthy jury trial
Resolved for a large multinational corporation, before institution of suit, a construction dispute involving a significant construction defect on a newly constructed corporate complex, saving the client millions of dollars in repair costs and millions of dollars in legal fees
Defended a title dispute on behalf of a national title insurer, resulting in a favorable settlement before trial
Successfully defended an adverse possession claim after a jury trial, resulting in a favorable outcome for the client
Successfully settled a lease dispute brought in federal court on behalf of a multinational theater chain involving complex issues relating to common area rent and compensation due the client by virtue of an eminent domain proceeding
Successfully defended numerous challenges to land use approvals, as well as successfully challenged numerous denials of land use approvals, for wireless telecommunications facilities
Prevailed on summary judgment in connection with deed restrictive covenant claims on behalf of a water utility
On March 16, Day Pitney Partners Kirstin Etela (Environmental and Land Use), Erik Bergman (Investment Management) and John Vukelj (Litigation) are presenting with Mastercard at an Association of Corporate Counsel's Westchester and Southern CT Chapter event titled, "ESG – From Voluntary to Regulatory: How the ESG Landscape Is Evolving and What it Means for Your Company."
March 16, 2023
Mastercard, Purchase, NY, Association of Corporate Counsel
On February 8, Day Pitney New Jersey Real Estate Partners hosted a Real Estate Round Table for real estate developers and professionals to speak candidly about their thoughts, ideas and concerns in the industry for 2023 and beyond.
Day Pitney New Jersey Partners Katharine Coffey and Craig Gianetti's appointment to co-chair of the Real Estate and Environmental practice was featured in Law360 article, "Day Pitney Names Real Estate, Environmental Co-Chairs in NJ."
Day Pitney New Jersey Partners Katharine Coffey and Craig Gianetti's appointment to co-chair of the Real Estate and Environmental practice was featured in Real Estate NJ article, "Coffey, Gianetti Named Co-Chairs of Day Pitney Real Estate and Environmental Group."