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Hill Wallack LLP Partner Successfully Challenges Bid and Receives Re-Bid -
On April 9, 2008, Hill Wallack LLP partner, Maeve E. Cannon, successfully protested a Division of Purchase and Property
(“Division”) award of the State Contract for moving services. The RFP sought moving services on a multi-year
contract and prohibited pricing that increased more than 4% from one year to the next. A violation of the price escalation
prohibition was to result in rejection of the bid.
Hill Wallack LLP protested the award on the basis that nearly every awardee had violated the price escalation prohibition,
some by hundreds of percent. The Division agreed and ordered a re-bid as soon as practicable of the multi-year contract.
The protest by Hill Wallack LLP partner, Maeve E. Cannon, included written arguments of both Ms. Cannon and associate,
Megan McGeehin Schwartz. Further information about this matter can be obtained from either
Maeve E. Cannon or
Megan McGeehin Schwartz.
The Courts Turn Off The Game Clock for Legal Challenges to Redevelopment - On February 25, 2008,
the New Jersey courts turned off the game clock for property owners who seek to challenge local government decisions
declaring their property to be “in need of redevelopment” (formerly referred to as “blighted”). Specifically, the
Appellate Division of the New Jersey Superior Court held that the redevelopment statute that only requires towns to
publish notice of declarations of blight in local newspapers, not to give individual written notice to affected property
owners, violates constitutional guarantees of due process of law. The court ruled that the 45-day limitation for challenges
to local declarations of blight does not apply to property owners who did not receive individual written notice.
Those property owners may lawfully challenge the declaration of blight at any time, even after the condemnation
proceedings have been filed. This seemingly narrow procedural decision has enormous legal and practical consequences for
both property owners and redevelopers.
Click here to find out more.
Property Owners and Developers Alert: State Planners Propose Further Growth Reductions - Recently proposed changes to the
Preliminary State Plan Policy Map are of critical concern to developers and other landowners throughout New Jersey. Last month, the State Planning
Commission endorsed a set of environmental updates that seek to designate over 90,000 acres, or 18% of the state’s undeveloped land, from
Planning Areas 1, 2 and 3, to Planning Areas 4 and 5 (“non-growth” areas). The Office of Smart Growth (OSG) recommended the changes
to the Commission based upon Department of Environmental Protection (DEP) studies ostensibly showing additional areas that should be considered
for non-growth classifications during the State Plan “cross-acceptance process.”
Click here to see entire article.
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