I spoke with a source in City Hall who explained to me that a big part of the rationale of hiring Michael Kates was due to his extensive experience and being on the right side of land use law with respect to that experience. Additionally this is what I have been able to find out about him on the web so far….
1) Michael Kates’ reference page on www.Superlawyers.com
http://www.superlawyers.com/new-jersey/lawyer/Michael-B-Kates/f33f3938-15af-4404-af1d-0ed33731c2e2.html
Practice areas: Land Use/Zoning (50%), Non-Profit (30%), Closely Held Business (20%)
Awards: New Jersey Super Lawyers 2009 and New Jersey Super Lawyers 2005
2) Michael Kates’ reference page on http://www.avvo.com/:
http://www.avvo.com/attorneys/07601-nj-michael-kates-1636431.html
Mr. Kates has been licensed to practice law since 1968 in NJ and has an Avvo rating of 72 which is very good.
3) Mr. Kates has recently taken on Toll Brothers as recently as this year. You know Toll Brothers, the Corporation that once had their CEO Robert Toll stating they were “Killing em’ in Hoboken” . Most likely Toll Brother’s exceptional performance in Hoboken was due to the very developer friendly Roberts Administration.
Below is a press release from PADNA (The Powerhouse Arts District Neighborhood Association) , the firm Mr. Kates represented on appeal against Toll Brothers just this year:
http://www.padnajc.org/legal/060109_PR_final.pdf
Here is an excerpt from that release:
"When the City Council first approved Toll Brothers’ proposed changes to the regulations governing its lots in the PAD, it effectively overturned a well-considered plan developed over a decade with broad community involvement and support (including input from the Urban Land Institute), made a mockery of the planning process by spot-zoning within an established district, and set a terrible precedent that will embolden developers to ignore existing law and engage in excessive profiteering in the future. In response, PADNA filed a suit in Hudson County Superior Court on June 2, 2008. The case was heard by Judge Barbara Curran, who found in favor of the City and Toll Brothers on April 9, 2009. PADNA’s appeal of her decision followed."
4) Here is another example of Mr. Kates land use in Newark, NJ case:
ACLU of New Jersey Defends Property Owner Against Government Seizure of Land to Give to Religious School
http://www.aclu.org/religion-belief/aclu-new-jersey-defends-property-owner-against-government-seizure-land-give-religiou
My Comment: Seems like Michael Kates is on the right side of land use from a smart development perspective. That is land use that is in scale with a balanced view of development that does not just give away the farm to developers.
Original post 12/4/2009: Here is a press release for the latest hire at City Hall......
Mayor Zimmer Brings in Michael Kates as New Corporation Counsel
12/4/09: Mayor Zimmer announced today the addition of Michael B. Kates, Esq., to serve as the City of Hoboken’s new Corporation Counsel. Current Corporation Counsel Steve Kleinman has resigned effective Monday, December 7th, 2009, to pursue opportunities in the private sector. He will serve in a transitional capacity as an Assistant Corporation Counsel through January 15, 2010.
Mr. Kates is a partner at Kates Nussman Rapone Ellis & Farhi with extensive experience in municipal law, zoning and planning. He has served as municipal attorney for the Township of Teaneck, and the Borough of Fair Lawn, as counsel to the Zoning Board of Adjustment for the Boroughs of Closter and Alpine and Counsel to the Planning Boards of Teaneck and Englewood Cliffs.
Mr. Kates has received the highest rating (AV) from Martindale-Hubbell (a national and international database for the legal community based upon peer review), and has been selected, by peer review, as a 2009 New Jersey Super Lawyer in the category of land use and zoning.
“We are very fortunate to have the opportunity to retain Mr. Kates,” said Mayor Zimmer. “His expertise in land use and zoning will be of particular importance, given the numerous development issues facing our City. I thank Mr. Kleinman for serving our City ably and I wish him well in his future pursuits. ”
Mr. Kates will serve on a fixed fee basis of $103,500 per year. Since he will be an independent contractor rather than an employee of the City, he will not receive health or other benefits from the City.
A copy of his resume is attached.
After two and a half years as the full-time Hoboken Corporation Counsel, Steve Kleinman will be resigning from his position to pursue other professional opportunities.
“I thank Mr. Kleinman for his service to the City and for remaining through a transition period,” Mayor Zimmer said. Mr. Kleinman will officially resign from his position as corporation counsel on Monday, December 7th. He will assist with a transition period until January 15, 2010.
On behalf of the State, Fiscal Monitor Judy Tripodi also expressed her thanks to Mr. Kleinman for his service to the city and his continued cooperation.
“I think she has chosen a very qualified successor, and I intend to work closely with Mr. Kates over the next several weeks to ensure the smooth transition that the City deserves,” Mr. Kleinman said. “I am grateful to Mayor Zimmer for giving me the opportunity to serve, and I wish her and her Administration well.”
Below is Michael Kates' Resume for review:
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