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Reformulating the (d)(1) Use Variance Test of “Particular Suitability”-NJLJ-article-Studholme_2025

Anne L.H. Studholme, Esq.

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– Fred Polak is listed as a Super Lawyer for Business Litigation. He has been recognized by Super Lawyers every year since 2013.

– David Epstein was named to the New Jersey Super Lawyer list for Business Litigation. He, too, has been recognized every year since 2013.

– William D. Sanders is listed as a Super Lawyer for Civil Litigation: Plaintiff for the third straight year. He was previously listed as a Super Lawyer for three years for Insurance Coverage.

Only five percent of the lawyers in New Jersey are selected for inclusion on the Super Lawyers list, which is published in New Jersey Monthly magazine and New Jersey Super Lawyers magazine.

*The Super Lawyers list is issued by Thompson Reuters. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

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Post Polak’s Fred Zelley and Jolanta Maziarz will both be presenters at The Somerset County Bar Association’s 4th Annual Land Use Symposium and Basic Course in Land Use Law and Planning on April 26, 2025 at Raritan Valley Community College.

Post Polak is proud to be a Platinum Sponsor of the Symposium.

The Symposium is attended by new and experienced members of municipal land use boards (Planning Boards, Zoning Boards of Adjustment and Joint Land Use Boards), as well as by Governing Board members, land use attorneys and professional planners. NJ continuing legal education credits are available.

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Fred Polak Speaks To The Youth

On February 7, Fred Polak spoke at two schools, Sacred Heart School in Greenwich, CT and Rye Country Day School in Rye, NY, as part of their respective Holocaust education programs.  As he has done in many other venues, Fred discussed lessons to be learned from the Holocaust, based on his parents’ experience as  concentration camp survivors.

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It is being reported that a compromise has been reached between the NJ Governor’s Office and the State Legislature that will allow for the passage of a long-anticipated liquor reform bill before the current legislative session ends on January 8th. The final version of the bill is not yet available but various sources are reporting that the following issues will be addressed:

Permits

Permit breweries and certain other manufacturers to hold unlimited special events and private parties on-premise and up to 25 special events off-premise. These manufacturers will also be permitted to coordinate with third-party food vendors.

Farm Brewery License

Create a “Farm Brewery License†which will allow a brewery that produces hops and/or other products used in the production process to brew and sell up to 2,500 barrels per year at retail.

Pocket/Inactive Licenses

Changes to the administration of pocket/inactive licenses that will limit the length of time a licensee can hold such license without activating same.

Allows a municipality to transfer a pocket/inactive license to a neighboring/contiguous municipality under certain circumstances.

Special Licenses

Authorize municipalities to issue “Special Licenses†for use in shopping malls with a minimum of 750,000 square feet. These Special Licenses will not be subject to the population cap but can only be used for on-premise consumption. Municipalities may issue up to two (2) Special Licenses to shopping malls with 750,000 square feet to 1,500,000 square feet and up to four (4) Special Licenses to shopping malls with over 1,500,000 square feet.

We will update as more information becomes available. Please feel free to contact our office if you have any questions.

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Vida Joins

Glen J. Vida provides legal services in the areas of environmental litigation and complex commercial matters, as well as residential and commercial closings. Prior to joining Post Polak, he had a distinguished career as a solo practitioner for over 35 years.

Glen has focused his practice on actions involving environmental remediation, recovery claims against insurance companies and direct polluters, prosecuting as well as defending environmental matters, and statewide cleanup actions. He has represented both individual operators as well as large corporations. He has prosecuted claims against the New Jersey Department of Environmental Protection and defended actions commenced by them.

In commercial cases, Glen has litigated multi-state claims involving insurance companies, prosecuting, and defending claims on behalf of a variety of clients, including pharmaceutical distribution companies, insurance agencies and individual business operators. He has negotiated commercial Leases and litigated to enforce or to challenge them.

He has appeared before the New Jersey trial courts, appellate division and the State Supreme Court, as well as the Federal District Courts in New Jersey and New York.

ROI Influencers Recognize Attorneys

ROI-NJ has just published ROI Influencers: People of Color 2023. Included on the list this year are Post Polak Shareholder Marsha M. Moore and Of Counsel Baye Adofo-Wilson, who is also Founder & CEO of BAW Development.

Says ROI, “New Jersey, one of the few minority-majority states, proudly embraces its diversity. Our sixth annual ROI Influencers: People of Color list honors that spirit with recognition of some of the people who have great impact in business, academia, nonprofit and governmental sectors.”

Marsha was recognized in the list of some of New Jersey’s most prominent names as Chair of the Post Polak Redevelopment and Land Use Practice. They noted, “The Jamaican-born attorney has represented major developers (Hanini Group, RBH Group, L+M) on large-scale, mixed-use projects throughout the state and in many of Newark’s major land-use projects in the past 20+ years.” Marsha joined Post Polak in 2016 and was a trailblazer, starting Post Polakâ€s Redevelopment and Land Use Practice, which is now one of the leading practice groups within the Firm.

Baye was recognized for his leading role in rebuilding Hinchliffe Stadium (the last remaining Negro Leagues stadium), thus “providing a path for a bright future in Paterson.” Marsha also served as land use counsel for the Hinchliffe Stadium project.

Congratulations to Marsha and Baye on this well-deserved recognition!

Lendor Joins

Post Polak is pleased to welcome Anton L. Lendor as Of Counsel.

Anton is involved in Post Polakâ€s Land Use / Redevelopment, Commercial Real Estate and Municipal Law practices.

Anton has provided legal services regarding the designation of redevelopment areas, rehabilitation areas, and redevelopment plans. He also defended against various challenges to redevelopment designations and redevelopment plans at both the Law Division and the Appellate Division of the New Jersey Superior Court. He also negotiates redevelopment agreements and financial agreements for both public and private clients.

Prior to joining Post Polak, Anton was a partner with DeCotiis, FitzPatrick, Cole & Giblin, LLP. He has significant experience with the construction phase of redevelopment/development. He holds a B.S. in Civil Engineering with an emphasis on construction management.

For more information on Anton, click here.

Sanders Begins Term on Ethics Committee

As of September 1, 2023, Bill Sanders is beginning a two-year term as Chair of the District X-B Ethics Committee of the New Jersey Supreme Court. The Committee hears grievances against attorneys who practice in Sussex County and all of Morris County, except for Morristown and Florham Park, which have their own Committee, District X-A.

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New Partner Frederick Zelley Joins Land Use/Redevelopment Practice

July 31, 2023

Post Polak’s Land Use/Redevelopment Practice has added a new player to further strengthen its team with the arrival of Partner Frederick B. Zelley. Fred has been practicing for thirty years, focusing primarily in the areas of Land Use, Real Estate and Civil Litigation. He represents applicants before numerous zoning boards of adjustment, planning boards and joint land use boards in Somerset, Morris, Union, Hunterdon and surrounding counties. Fred also handles both residential and commercial real estate transactions, including purchase and sale transactions and lease transactions.

Fred is an accomplished civil litigator, representing clients in the Law and Chancery Divisions of the Superior Court of New Jersey, in disputes involving Real Property Rights, Tenancies, Construction and Home Improvement, Consumer Fraud and Personal Injury. He is an approved Arbitrator and volunteer Mediator for the Superior Court of New Jersey.

Fred is the resident partner at the firm’s new Millington office. Prior to joining Post Polak, he was a principal of Bisogno, Loeffler & Zelley in Basking Ridge. He is a graduate of Washington University in St. Louis and received his law degree from Rutgers Law School in Newark.

Fred can be reached at fzelley@postpolak.com, or (908) 647-6001.

Post Polak’s Hospitality and Alcoholic Beverage Practice Welcomes Richard D. Nasca

June 5, 2023

Post Polak is pleased to welcome new Counsel, Richard D. Nasca, to our Hospitality and Alcoholic Beverage practice.

As an experienced transactional attorney, Rich will be providing legal services to the firm’s alcoholic beverage industry clients. He is involved in advising restaurants, hotels, bars, liquor stores, manufacturers, suppliers, wholesalers and distributors regarding alcoholic beverage laws and regulations. He provides counsel with respect to the often complicated and little-known rules and laws governing the manufacturing, distribution, sale and service of alcoholic beverages and the acquisition, sale and transfer of all types of alcoholic beverage licenses.

Rich started his legal career as a law clerk with the State of New Jersey, Division of Alcoholic Beverage Control. He was later sworn in as a Deputy Attorney General with the Division. He served as a Deputy Attorney until 2009, when he went into private practice where he worked at a law firm that represented clients in all tiers of the alcoholic beverage industry.

During his time at the Division, Rich was involved with all aspects of alcoholic beverage regulation and enforcement. For most of his tenure with the Division, he was assigned to the Enforcement Bureau, where he assisted with investigations and prosecuted licensees who violated the State’s alcoholic beverage control laws.

Having joined Post Polak, Rich is now reunited with his former colleagues and mentors from the Division of Alcoholic Beverage Control, former Director Jerry Fischer and former Counsel to the Director Wes Geiselman. Our team, headed by Douglas Sherman and including David Epstein and Siobhan Beere, is now one of the largest and most experienced alcoholic beverage law practice in the State of New Jersey.

To contact Rich Nasca, go to rnasca@postpolak.com or (973) 228-9900 extension 225.

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Hinchliffe Stadium Opens

Hinchliffe Stadium, one of the last surviving stadiums of segregated baseball’s Negro Leagues, opened this week for the first time since 1997 after the completion of a $103 million renovation project. The historic stadium in Paterson hosted Opening Day on Sunday for the Frontier League’s New Jersey Jackals, who will play home games at Hinchliffe Stadium this season after relocating from Montclair State University. Of Counsel Baye Adofo-Wilson also serves as CEO of BAW Development, where he developed the concept, studies, plans and financing for the stadium and oversaw the redevelopment of the entire Hinchliffe Stadium Neighborhood restoration and mixed-use project.

Post Polak Opens Doors to New Wellness/Recharge Room

Post Polak has determined that a key goal is to have its office environment be such that every firm employee looks forward to being in the office. To that end, and to blunt some of the difference between working in the office and working from home, the firm has conceptualized and designed a Wellness/Recharge Room in the office.  

The room includes the following amenities:

• Zero Gravity Omni massage chair
• Reclining chaise lounge
• Reading and floor pillows
• Essential oils diffuser
• Literature and art to promote calm and wellness
• Yoga mats
• Specialized lighting and
• Air-purifying plants

Attorneys and staff members are encouraged to use the room when they need a break or a change of scenery. 

Post Polak’s Wellness/Recharge Room is being inaugurated on March 20.

Land Use Practice on the Move

In case you missed it, we are proud to share the news that Baye Adofo-Wilson, Of Counsel at Post Polak, was recently recognized by NJBiz magazine as #9 in their Commercial Real Estate Power 50 for his work as CEO of BAW Development, where he developed the concept, studies, plans and financing and now oversees the $94 million-dollar redevelopment of the Hinchliffe Stadium Neighborhood restoration and mixed-use project in Paterson. Read the full article here.

You may not know that Baye was assisted by Marsha Moore, Head of our Land Use Department, who secured the land use entitlements for Hinchliffe Stadium – securing the right to restore the 7,800 seat stadium and build a six-story mixed use building. Now, with construction nearing completion, Doug Sherman and our Hospitality team are consulting on placement of alcohol beverage licenses in the stadium and surrounding development.

Our Land Use team has helped our developer and hospitality clients from purchase of property to lease negotiations, from obtaining site plan approvals to securing alcohol licensing for restaurant slabs. In addition to having practitioners intimately familiar and actively involved on the developer side, we also have attorneys who represent land use boards. And we take particular pride in our nimbleness and ability to assist clients more efficiently than larger firms.

Post Polak is uniquely positioned to assist our hospitality industry clients in various aspects of their businesses. With long experience in the industry and practical understanding of development, we can assist in the development of a project from concept inception to shovels in the ground. Whether you are evaluating site suitability or securing zoning entitlements, we can help.

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