August 17, 2023

Thomas N. Gamarello Attains Significant Victory in Commercial Land Ownership Dispute

On August 17, Associate Thomas N. Gamarello attained a significant victory on summary judgment before the Essex County Chancery Division. Gamarello represented a non-profit community development corporation in its civil action against its neighbor, a church, who trespassed onto the corporation’s vacant property to place construction materials as if it was preparing to pave.  After attempts at amicable resolution did not prove fruitful, Gamarello filed a lawsuit on behalf of his client against the church in order to secure a judicial determination to prove the corporation is the deeded owner of the trespassed property, thus the church must cease and desist its improper trespass onto the property. In opposing the corporation’s ownership claim, the church claimed it owns the property either pursuant to the deeds or through the ancient doctrine of adverse possession.  After Gamarello’s extensive briefing and oral argument, the Court granted summary judgment in favor of the corporation, finding the corporation owned the property pursuant to the deed and rejecting the church’s claim of ownership, including its claim of ownership through adverse possession. 

*Results may vary depending on your particular facts and legal circumstances.