Connell Foley litigation partner Brendan Judge successfully represented New Floral Gardens in a breach of contract lawsuit arising from a Payment In Lieu of Taxes agreement. On March 2nd, following a bench trial held last July, the Hon. Mary K. Costello awarded New Floral Gardens over $1.8 million. New Floral Gardens owns a 351-unit apartment complex comprised entirely of low-income Section 8 housing. The Court accepted Mr. Judge’s arguments in all respects, finding that the Township of North Bergen had breached the agreement over multiple years, from 2015 through 2023. This breach resulted in annual overpayments by New Floral Gardens, which the Township refused to refund. Judge Costello ordered the Township to refund all overpayments. The Judge also permanently enjoined the Township from deviating from the terms of the agreement, which will save New Floral Gardens an additional $2 million going forward, resulting in almost $4 million in refunds and savings.
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