Christopher Stracco and Kate Coffey wrote an article, "Can Use Variance Grants Be 'Reasonably Probable'?," for Law360. The article examines the significance of the case New Jersey Transit Corp. v. Franco. The case involved the condemnation by New Jersey Transit Corp. of adjoining properties in Hoboken, Union City and Weehawken. New Jersey Transit offered $934,500 for the taking (subject to remediation of contamination), and the condemnation commissioners awarded compensation of $1.35 million to the defendants/condemnees. On appeal to the Law Division, the defendants' appraisal report valued the property at approximately $9 million. The defendants' experts assumed Weehawken would not need to approve a use variance for the cul-de-sac which would constitute the sole use of the Weehawken parcel. Alternatively, the defendants’ experts contended that the street could be dedicated to Weehawken without need for a use variance. The Appellate Division directed the Law Division to hold a hearing to determine whether or not the grant of a use variance was "reasonably probable." In so doing, the Appellate Division rejected the plaintiff condemnor's position that testimony showing a reasonable probability of a use variance would be improper because approval is not certain. Mr. Stracco and Ms. Coffey argue in their article that the outcome of a variance application should never be preordained, predictable or reasonably probable, until all the testimony is heard by the volunteer citizens who sit on these boards, a record is created, and a resolution is memorialized and ordered a new trial on the issue of just compensation. Therefore, a court cannot predict whether a use variance can be granted with any degree of reasonable probability or certitude.
Day Pitney Litigation Partner Stephen Catanzaro and Litigation Associate Erin Hodgson authored the article "Appellate Division Rejects Objectors' Attempt to Challenge Development Approvals," for the New Jersey Law Journal.
Day Pitney Real Estate Partner Steven J. Wernick is featured in RentCafe article "Unlocking Miami-Dade's Housing Potential."
Day Pitney Real Estate Partner Steven J. Wernick is featured in the South Florida Business Journal article "28-Story Tower With Over 100 Apartments Planned in Miami."
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in Miami Today.
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Day Pitney Real Estate, Environmental and Land Use practice co-chair Craig Gianetti was featured in Gothamist article "Court Tells Wealthy NJ Town: We'll Decide Where You'll Put Affordable Housing."
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Day Pitney Litigation Partner Mark Salah Morgan's re-election to the firm's Executive Board and appointment to vice-chair of the Litigation department was featured in NJBiz.
Day Pitney Real Estate, Environmental and Land Use Partner Steven Wernick is featured in the Miami Herald article "The End of Single-Family-Only Home Suburbs? Miami-Dade Zoning Rule Impact Could Be 'Sweeping'."
Day Pitney Real Estate Partners Nicole Magdziak and Thomas Malman represented firm client Kushner, a real estate development and management firm headquartered in New York City, on a multimillion dollar mixed use residential and retail development in the Long Branch, NJ’s Lower Broadway redevelopment zone.
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