Posted October 14, 2018 04:21:14 A federal judge has thrown out an antitrust lawsuit against the Larkin and Co. real estate company, arguing the state agency was unfairly biased in favor of real estate developers.
In a Monday ruling, U.S. District Judge Steven Orenstein dismissed the lawsuit against New Jersey’s real estate office, arguing it was “incomplete, and without merit.”
“The real estate board has not proved a single fact that it alleges the plaintiffs have not alleged,” Orensteins opinion said.
The case, Larkin v.
Real Estate Board, is one of a number of antitrust cases that have gone before Orenseys court in recent months.
Orens opinion did not specifically address the Larkins suit but said that is not a barrier to its resolution.
The Larkin lawsuit was filed in February 2017 by New Jersey-based real estate broker Larry Dallaire.
Dallares attorneys argued that Larkin’s decision to give a 10-year lease to Larkin was a discriminatory practice that violated antitrust laws.
In the ruling, Orenses opinion says the lawsuit was based on “inaccurate, unsupported allegations” and dismissed it.
“The complaint’s claims of discrimination are without merit, and its allegations of discrimination were unsupported by any facts or evidence,” the ruling said.
Orenstein said that because of the lack of facts, there was “no basis for concluding that the Board’s decision in granting the lease to the plaintiffs was an anticompetitive practice.”
Orens ruling also dismissed claims that Larkis lease did not have a “competitive benefit” to real estate investors.
The decision noted that Larks lease was for five years, not five years and 10 years, that it “was not a long-term lease” and that the real estate license was “not subject to renewal.”
Ongoing disputes between Larks real estate division and the state commission are expected to continue as a result of the ruling.