New Jersey Supreme Court to Consider Gap-Period Obligation

by Patrick J. McNamara on September 23, 2016

New Jersey Supreme Court to Consider Gap Period Obligations

The Supreme Court of New Jersey has agreed to consider whether municipal affordable housing obligations include a “separate and discrete” gap-period obligation from 1999 through 2015, when the various “growth share” regulations were repeatedly invalidated by the courts. The Supreme Court is scheduled to hear the case by the end of November. The Supreme Court […]

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Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

In McCormick v. the State of New Jersey, the Appellate Division considered whether a personal injury plaintiff can avoid the need to obtain an affidavit of merit (AOM) by suing only the public entity and not the licensed professionals. The appeals court ultimately concluded that such circumvention of the AOM statute is impermissible.  The Facts […]

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NJ Appeals Court Approves Use of “Glomar Response” to OPRA Requests

The Appellate Division of the New Jersey Superior Court recently held that government agencies are entitled to “neither confirm nor deny” the existence of public records requested under the New Jersey Open Public Records Act (OPRA). While the federal government frequently relies on the so-called “Glomar response,” this is the first time a New Jersey […]

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Gov. Christie Conditionally Vetoes UEZ Bill

by Allison N. Zsamba on September 13, 2016

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Chris Christie recently conditionally vetoed legislation to extend the Urban Enterprise Zone (UEZ) designation in several New Jersey municipalities. Citing the “UEZ program’s lack of demonstrable success,” Gov. Christie stated that he could not support extending it and made extensive recommendations for reconsideration. As we have previously discussed on this blog, New Jersey’s Urban […]

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Gov. Christie Signs Electronic Payments Bill into Law

by Sheri Siegelbaum on September 9, 2016

Gov. Christie Signs Electronic Payments Bill into Law

Gov. Chris Christie recently signed a bill into law that will make it easier and cheaper for New Jersey municipalities to process electronic payments. The bill, Assembly Bill No. 3851, authorizes certain local units to adopt policies for the payment of certain claims through the use of standard electronic funds transfer technologies. The goal of […]

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NJ Tax Court Holds PILOT Payments Don’t Constitute Property Taxes

by Patrick J. McNamara on September 6, 2016

NJ Tax Court Holds PILOT Payments Don’t Constitute Property Taxes

In Kenneth M. Ruskowski v. Director, Division of Taxation, the Tax Court of New Jersey held that the plaintiff’s in lieu tax payments (PILOT payments) did not constitute “property taxes,” as the term is defined under N.J.S.A. 54:4-8.67. Accordingly, the court ruled that the Director of the Division of Taxation properly denied the plaintiff’s Property […]

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Division of Local Government Services Must Approve Bidder Prequalification Requirement

The Division of Local Government Services (DLGS) recently published guidance regarding the process of incorporating bidder prequalification requirements into municipal public works and construction bid specifications. The DLGS notice specifically reminds local governments that its approval is required for any prequalification requirement to be enforceable.  Bidding Requirements Under the Local Public Contracts Law As summarized […]

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U.S. Supreme Court Wrap Up: Public Law Decisions from 2016 Term

The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan v. City of Patterson: By […]

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New Jersey Supreme Court Agrees to Consider Key OPRA Issue

by Laura M. Miller on August 23, 2016

Year in Review: OPRA Developments for 2015

The Supreme Court of New Jersey recently granted certification in Paff v. Galloway Twp. The case involves a key interpretation of the state’s Open Public Records Act (OPRA).  In April, the Appellate Division concluded that municipalities do not have to create records when responding to an OPRA request. The appeals court specifically held that OPRA […]

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Gov. Christie Conditionally Vetoes Bill Banning Smoking in Public Parks

Gov. Chris Christie recently conditionally vetoed legislation that would have prohibited smoking at all public parks and beaches in New Jersey. Under the Governor’s proposed changes, the law would be limited to state-owned property. The proposed legislation (A-893/S-1734) extends the provisions of the New Jersey Smoke Free Air Act, which generally prohibit smoking in indoor […]

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