Arthur M. Neiss is a Member in the firm’s Commercial Litigation & Appeals and Land Use, Development, Redevelopment & Affordable Housing groups. His practice focuses on land use cases, including development, board representation and appeals, commercial litigation and construction litigation.
Arthur has “first chair” responsibility in an extensive breadth of litigation matters. He conducts trials, appeals, arbitrations and mediations in cases and claims that span land use and prerogative writs appeals in Superior Court and the Appellate Division, commercial, contract and business disputes, construction, corporate real estate conveyancing matters, discrimination cases, estate and trust litigation, employment law, election law cases, personal/property injury matters, matrimonial, insurance coverage and defense, as well as administrative matters.
Arthur is admitted to and practices regularly before the state, federal and bankruptcy courts of New Jersey and New York, as well as the highly regarded arbitration forums of the AAA and JAMS. Several decisions in which Arthur has been counsel have been published in the official reporters of both states, and in the federal reporters.
He regularly represents municipal and county governmental entities in areas related to land use (planning boards, zoning boards of appeal), contracts, employment, union actions and constitutional questions. Arthur has handled a wide array of municipal issues, negotiations and municipal applications.
Arthur currently serves as outside general counsel to the condominium boards of large residential complexes and has represented unit owners in other communities in claims and actions against their associations and sponsors.
Arthur’s practice also focuses on issues in land use. He has served as Chair of a panel of Condemnation Commissioners. Arthur currently serves as the Planning Board Attorney for the Essex County Township of Montclair, the Morris County Borough of Lincoln Park and the Bergen County Borough of New Milford. In addition to his routine duties on site plan and subdivision applications, Arthur assists boards as they address and develop their community’s master plans, responses to affordable housing requirements, formulations of areas in need of redevelopment, PILOT’s, land-use ordinance creation and changes, and board operations. On the developer side, Arthur’s experience ranges from representing a national shopping center company developing a 43-acre site with county and state developmental, environmental and transportation impacts, to small developers pursuing minor subdivisions. He has served as the planning board attorney for the Boroughs of River Edge and Demarest, in Bergen County, and has served as special litigation counsel for land use boards of New Milford and Fort Lee.
Arthur authored the “Enforcement of Money Judgments” chapter in Ostertag, Benson, et al. (ed.), General Practice in New York (West Group, 1998) and was an instructor in the Fordham University School of Law Department of Continuing Legal Education during 1993-1996. He has lectured at the Bergen County Bar Association basic course in land use law. As a Master of the Morris Pashman Inn of Court, he has lectured on pre-trial practice.
Arthur is a current and long-standing member of the New Jersey State Bar Association (Business and Commercial Litigation Committee) and Bergen County Bar Association (Land Use Section).
Representative Matters
- Representation of the Montclair Planning Board before the New Jersey Supreme Court in Grabowsky v. Montclair, a widely cited case analyzing conflicts of interest of elected municipal officials.
- Representation of a borrower found liable in New York for substantial prepayment penalties and attorneys’ fees on the basis of a debt modification agreement governed by New Jersey law. On appeal, both findings were reversed.
- Representation of a developer in successfully defending a planning board’s approval of a 15-acre suburban shopping center from objector’s jurisdictional and use variance challenges.