- Tue January 21, 2014, 3:51 pm
Site Remediation Extension of Time Bill Gives 2 Additional Years for Completion of Remedial Investigation of Contaminated Sites Two Year of Extension of May 7, 2014 Deadline For Completion of Remedial Investigation of Contaminated Sites
- Mon November 4, 2013, 7:14 pm
Compensation For Loss of Ocean Views Due to Protective Dunes Upheld Compensation For Loss of Ocean Views Due to Protective Dunes Upheld, Although Protective Benefit of Dunes Must Be Includ...
- Sun September 29, 2013, 4:12 pm
NJ Supreme Court Rejects COAH’s Third Round Regulations New Jersey Supreme Court Rejects COAH’s Third Round Regulations
On Thursday, the New Jersey Supreme Court, by a 3...
- Thu May 23, 2013, 10:28 am
De Facto Merger of LP Into LLC Does Not Preclude Transfer of Prior Entity’s Rights May 23 2013 -In I/M/O Hazardous Discharge Site Remediation Fund Innocent Party Grant Application Cliflake Associates LLC...
- Tue April 30, 2013, 8:02 pm
NJ State's Energy Master Plan For Solar Incentives for Dumps and Brownfields - Slow Going According to an article on NJ Spotlight - The state’s Energy Master Plan wants to convert garbage dumps and brownf...
- Mon March 25, 2013, 7:14 pm
Hydraulic Fracturing Update New York Home Rule Power To Curb Fracking Upheld
In Lenape v. Town of Avon et al., case number 1060-2012, in New York...
- Sun March 24, 2013, 11:39 am
Creation of Hydraulic Fracturing Performance Standards Shell, Chevron, the Environmental Defense Fund, the Clean Air Task Force, Consol Energy, the EQT Corporation, the Group ...
- Tue March 5, 2013, 7:42 pm
Zoning Protections Lost For Hurricane Sandy Damaged Structures Deemed “Totally” Destroyed The Appellate Division yesterday made it more difficult for property owners trying to rebuild after Hurricane Sandy. The...
- Fri March 1, 2013, 2:17 pm
NJ Court Holds That Age Restricted Development May Be Marketed With No Age Restriction March 1 2013 - The Court, in Sharbell Building Company, LLC v. Planning Board of The Township of Robbinsville, held that...
- Tue February 5, 2013, 8:15 pm
NJ Supreme Court Clarifies Requisite Nexus For Liability Under the Spill Act February 5 2013 - In NJ Department. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme C...
De Facto Merger of LP Into LLC Does Not Preclude Transfer of Prior Entity’s Rights
May 23 2013 -In I/M/O Hazardous Discharge Site Remediation Fund Innocent Party Grant Application Cliflake Associates LLC, the Appellate Division held that a de factor merger of an LP into an LLC does not preclude the LLC from obtaining a Hazardous Discharge Site Remediation Fund Innocent Party Grant pursuant to the Brownfield and Contaminated Site Remediation Act. Cliflake Associates LLC appealed the final administrative action of the New Jersey Department of Environmental Protection denying its application for the grant. Even though the partners of the LP had formed the LLC in 1999 with the partners becoming members of the LLC and the LLC acquiring the assets of the LP, the NJDEP denied the grant on the ground that the LLC did not own the property prior to December 31, 1983, and had not succeeded to the rights of Cliflake Associates LP, which had acquired the already contaminated property in 1972 because there had not been a de factor merger of the two. Finding that ISRA and the Brownfield Act are part of a unified legislative strategy to address the remediation of contaminated sites, and looking to the definitions in ISRA regarding changes in ownership as a guide to the legislature's concerns regarding changes in ownership, the appellate division rejected NJDEP's position that a de facto merger of an LP into an LLC would per se preclude the resulting entity from obtaining a grant and that a de facto merger can only result in the acquisition of the prior entity's liabilities, not its rights. The Appellate Division reversed for further consideration of whether there was a de factor merger and that the change did not diminish the assets available for remediation. It held that the LLC must also show that it is otherwise eligible for the grant.
About The Law Office of Christopher D. Hopkins, LLC
The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.
The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076