The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property after the discovery of live [...]
The New Jersey Appellate Division recently ruled that public entities enjoy broad immunity for the conduct of their 9–1–1 operators, regardless of culpability. Robert E. Levy Esq., of Scarinci Hollenbeck, argued the winning side of the case for the Township of Irvington in the case, Turner v. Township of Irvington, A-5478-11T2. The Facts of the [...]
State agencies in New Jersey may soon relinquish their veto power over certain court rulings. The New Jersey Assembly recently approved legislation that would give the final decision to administrative law judges (ALJ) rather than allow the heads of state agencies to veto or modify rulings. The change would apply to several agencies under the [...]
The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open Public Records Act (OPRA). North Jersey Media Group, doing business as The Record newspaper, had sought records related to hiring decisions at the Port Authority of New York and New Jersey to support [...]
A recent Appellate Division decision reinforces that municipalities need not always rigidly enforce New Jersey election laws. As specifically highlighted by the court, such laws should be “relaxed where enforcement of the right of choice in the election process is unreasonably thwarted.” The Facts of the Case Regalado v. Curling involved the interpretation of N.J.S.A. 19:13-16, [...]
The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may preclude citizens of other states [...]
Superstorm Sandy caused an estimated $30 billion in damage to the state of New Jersey. As rebuilding efforts ramp up and federal assistance becomes available, Gov. Chris Christie recently signed legislation aimed to ensure sufficient oversight over the expenditure of Hurricane Sandy recovery resources. Accordingly, public entities must follow certain guidelines when executing contracts related [...]
The Appellate Division recently considered whether an ordinance that authorizes “health and wellness centers” and “fitness and health clubs” in two industrial zones changes the “classification” of those zones, thereby requiring compliance with the notice requirements of New Jersey’s Municipal Land Use Law. N.J.S.A. 40:55D-62.1 provides that a municipality must give notice of an ordinance [...]
In a recent workers’ compensation case involving a municipal employee, the Appellate Division clarified the requirements for obtaining temporary disability benefits. Johnson v. Hamilton Township particularly addressed the medical evidence required for temporary as opposed to permanent disability under New Jersey law. The Facts of the Case Michael P. Johnson was electrocuted while working at [...]
Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers have a statutory obligation to [...]
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| Donald Scarinci Managing Partner Scarinci Hollenbeck |
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