Joseph W. Grather

Admitted:
1. 1999, New Jersey and U.S. District Court, District of New Jersey
2. 2003, U.S. Supreme Court

Education:
1. Seton Hall University School of Law, J.D., 1998
2. Saint Michael's College, B.A., 1992

Member:
1. New Jersey State Bar Association
2. Morris County Bar Association.

Related Practices:
1. Eminent Domain
2. Redevelopment

Joseph Grather works diligently and knowledgeably to win favorable results for his clients, defending them against the most awesome power of government—the power of eminent domain. He successfully manages the difficult and time-consuming process clients face in eminent domain cases, communicating clearly and frequently and allowing the client to focus on their business and other pursuits.

“I like trial practice and, in particular, eminent domain valuation practice because it takes me to different parts of the State and allows me to meet a wide variety of property owners, all the while allowing me to fight the good fight in the court arena.”

A former Seton Hall Law School adjunct professor, Mr. Grather publishes articles on eminent domain and other issues, and has participated in a number of reported eminent domain cases.

Representative Cases:
In a Department of Transportation [DOT] total taking of automobile service garage business, Mr. Grather assisted the client from the beginning of the case, which involved a complicated relocation, and ultimately helped win a jury verdict award of $1.2 million, more than doubling the State’s initial offer.

In a DOT partial taking of a property improved with highway strip center, DOT replaced twelve front parking spaces with twelve rear parking spaces, and argued that was a total cure of any damages. However, Mr. Grather helped demonstrate otherwise, and the jury awarded his client over $200,000 for the inferior rear parking.

Bar Admission:
1. New Jersey, 1999
2. U.S. District Court, District of New Jersey, 2003
3. U.S. Supreme Court

Reported Cases:
Mr. Grather has played a key role in a number of reported cases including:
1. Infinity Broadcast Corp. v. NJ Meadowlands Commission, 377 N.J. Super. 209 (App. Div. 2005);
2. New York SMSA v. Board of Adjustment Township of Weehawken, 370 N.J. Super. 319 (App. Div. 2004);
3. DGR Company v. State, Department of Treasury, 361 N.J. Super. 467 (App. Div. 2003).

Professional Involvement:
1. Appointed by the New Jersey Supreme Court to be a member of the District XA Ethics Committee (2010 – present)
2. New Jersey State Bar Association, Member
3. Morris County Bar Association, Member

Publications:
1. "In Condemnation Actions the Trial Court is Gatekeeper to Expert Valuation Testimony", New Jersey Law Journal, November 14, 2011
2. “Recent Developments in the Law of Eminent Domain – ‘Economic Redevelopment’ as a Public Use or Purpose?” (April 2005, The Morris Lawyer)
3. “The Wireless Web is Being Cast – Can Local Government Avoid Becoming Entangled?” (April/May 2004, The Morris Lawyer).