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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Law Requires NJ Higher Ed Institutions to Adopt Suicide Prevention Measures

Gov. Chris Christie recently signed legislation into law that will require higher education institutions in New Jersey to take steps to prevent suicide. The measure, which applies to all colleges and universities, unanimously passed in both the Senate and the Assembly.  The Madison Holleran Suicide Prevention Act specifically requires institutions of higher education, including community […]

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NJ Lawmakers Propose State-wide Airbnb Tax

by Krystle Nova on August 12, 2016

New Jersey Lawmakers Propose State-wide Airbnb Tax

New Jersey lawmakers are currently considering legislation that would make rentals via Airbnb and similar online marketplaces subject to the same state and local occupancy taxes as hotel and motel rooms. The proposed bill is the latest attempt of state and local authorities to regulate the so-called “sharing” economy. Under current law, the State imposes […]

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NJ Appeals Court Clarifies Time of Application Rule

by Patrick J. McNamara on August 9, 2016

NJ Appeals Court Clarifies Time of Application Rule

In Jai Sai Ram, LLC et al. v. Planning/ Zoning Bd. of the Borough of S. Toms River et al., the Appellate Division held that the time of application rule does not apply where, after a property owner or developer submits an application for a use variance, the municipality amends the zoning ordinance to specifically […]

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DOL Issues Overtime Rule Guidance for Local Governments

The Department of Labor (DOL) recently published guidance regarding the overtime rule updates that are scheduled to take place later this year. The publication specifically addresses the unique legal concerns of state and local governments. As we previously discussed on the Scarinci Hollenbeck Business Law New Blog, the DOL is raising the thresholds used to […]

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Proposed Bill Removes Police-Related Death Investigations from Local Oversight

New Jersey lawmakers recently proposed legislation that would require the Office of the Attorney General (OAG) to handle the investigation and prosecution of crimes involving a person’s death by law enforcement officers acting in their official capacity, or while in custody. The bill would also require all trials to be held in a venue outside […]

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NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

A divided New Jersey appeals court recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the Open Public Records Act (OPRA). However, it is likely that the Supreme Court of New Jersey will have the final word on this issue.  The Fact of […]

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Newark Enacts Environmental Justice & Cumulative Impacts Ordinance

The City of Newark recently enacted an Environmental Justice and Cumulative Impacts Ordinance. Under the landmark ordinance, developers will be required to provide certain sustainability information to the Board of Adjustment and Central Planning Board as part of an application for land use approvals.  The City maintains that the ordinance is necessary because the City […]

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