Jennifer P. Smith

Jennifer Phillips Smith practices in all areas of real estate law, but focuses primarily in the areas of zoning and planning, redevelopment, and land use litigation. In addition, Ms. Smith represents clients seeking licenses and permits from various State and local entities, including licenses for the sale of alcoholic beverages.

Ms. Smith counsels clients on real estate matters ranging from redevelopment projects spanning hundreds of acres to issues impacting individual business owners looking to expand. Ms. Smith represents clients seeking site plan approval and variances from numerous planning and zoning boards in connection with restaurant, residential, retail, office, financial, medical, and educational projects. She also represents clients in redevelopment areas and has experience drafting and reviewing redevelopment documents, including redevelopment agreements and redevelopment plans. Ms. Smith has extensive experience in land use litigation, including both the defense of and objection to municipal land use approvals.

Concerning licenses for the sale of alcoholic beverages, Ms. Smith represents purchasers of plenary retail consumption licenses and has faced a wide variety of issues, including required corporate disclosures for complex corporate structures, disclosure of past misconduct, and local ordinance restrictions on hours of operation and locations of licensed establishments. Ms. Smith also represents hotels seeking the issuance of new plenary retail consumption licenses. She has experience objecting to the transfer of alcoholic beverage licenses, both before governing bodies and in appeals to the Director of the Division of Alcoholic Beverage Control. Ms. Smith also provides counsel on regulatory compliance, minor employment permits, special event permits, BYOB, and concessionaire permits.

Prior to joining the Real Property & Environmental Department, Ms. Smith served as a law clerk to the Honorable Jaynee LaVecchia of the New Jersey Supreme Court. Ms. Smith also previously interned with the New Brunswick Development Corporation, Congressman (now Senator) Robert Menendez, and the Housing and Homelessness Clinic at the Center for Social Justice at Seton Hall University School of Law.

Education
Seton Hall University School of Law (J.D., magna cum laude, 2006)
Law Chancellor Scholar
Order of the Coif
Recipient, Chicago Title Insurance Company Award
Seton Hall Law Review

Georgetown University, Walsh School of Foreign Service (B.S., cum laude, 2003)
Omicron Delta Epsilon, International Economics Honor Society

Professional Admissions
State of New Jersey, 2006

State of New York, 2009

United States District Court for the District of New Jersey, 2006

Publications
"Rebuilding New Jersey After Sandy - Potential Property Tax Relief for Owners of Damaged Properties," RPE Law Alert, November 26, 2012

"Rebuilding New Jersey After Sandy - Hurdles for Nonconforming Uses," RPE Law Alert, November 16, 2012

"NJ Supreme Court to Hear Oral Argument on COAH Third Round Affordable Housing Regulations," RPE Law Alert, October 26, 2012

"Condemning Leasehold Interests - N.J. Supreme Court rules on the mechanics of condemning leasehold interests under the Eminent Domain Act and the terms of the lease," New Jersey Law Journal, June 6, 2011 (Jennifer P. Smith, Michael Miceli)

"Whose Interest is it Anyway?: How the Town of Kearny, N.J. Stumbled on the Condemnation of a Leasehold Interest," RPE Law Alert, April 7, 2011 (Jennifer P. Smith, Michael Miceli)

"NJ Senate Considering Whether to Limit Power of DEP, DCA Commissioners," RPE Law Alert, March 1, 2011

"Third Circuit Overturns Alcoholic Beverage Control Perks for New Jersey Wineries and Farms," RPE Law Alert, January 10, 2011

"Taking on the NJDOT: Appellate Division Broadens Objector's Ability to Challenge NJDOT Permits," RPE Law Alert, December 30, 2010

"It Wasn't Yours to Begin With: New Jersey Supreme Court Holds That City Need Not Compensate Beachfront Condemnee for Land Created by Beach Replenishment Project," RPE Law Alert, October 8, 2010 (Paul M. Hauge, Jennifer P. Smith)

"Happy Hour for Xanadu! N.J. Appellate Division Upholds ABC Director's Decision on Special Concessionaire Permits," RPE Law Alert, August 16, 2010

"Paying for Open Space," New Jersey Law Journal, January 26, 2009 (Howard D. Geneslaw, Jennifer P. Smith)

"When an Ordinance Amendment Threatens Project," MidAtlantic Real Estate Journal, November 21-December 18, 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"Navigating the Affordable Housing Fee," Real Estate New Jersey, November 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"Remote Control: Navigating Land Use for Remote Drive-Through Facilities," New York Real Estate Journal, June 17, 2008 and MidAtlantic Real Estate Journal, June 17, 2008 (Jennifer M. Porter, Jennifer P. Smith)

Speaking Engagements
Speaker, Gibbons P.C., "Real Estate Development Law for Non-Real Estate Attorneys" Newark, NJ. October 23, 2013

Honors/Awards*
Listed as Super Lawyers Rising Star, Land Use/Zoning, 2014

Listed as Super Lawyers Rising Star, Real Estate, 2013

Judicial Clerkship(s)
Law clerk to the Honorable Jaynee LaVecchia, New Jersey Supreme Court, 2006-2007

Representative Cases
Village Supermarkets, Inc. vs. Planning Bd. of the Twp. of Union, 2010 N.J. Super. Unpub. LEXIS 1914 (App. Div. Aug. 6, 2010).

Legal Employment Background
Kentucky Department of Public Advocacy, Public Defender, 2008


*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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Jennifer P. Smith Attorney at Law
Jennifer P. Smith
Associate
Real Property & Environmental

Practice Areas
Liquor Licensing & Alcoholic Beverage Control
Real Estate Development
Real Property & Environmental
Sandy Relief Task Force
Transactional Real Estate

Contact Information
One Gateway Center
Newark, NJ 07102-5310

One Pennsylvania Plaza,
37th Floor
New York, NY 10119-3701

Direct: 973-596-4477
212-613-2182
Fax:      973-639-6398
JSmith@gibbonslaw.com
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