NJ Appeals Court Affirms Broad Power of State Comptroller

by Michael A. Jimenez on June 30, 2017

In Larkins v. Solter, the Appellate Division recently affirmed the broad audit authority of the New Jersey Office of the State Comptroller (OSC). The appeals court held that the State Comptroller was not obligated to disclose his reasons for selecting the North Bergen District Board of Education (NBBOE) for a performance audit before commencing the […]

{ 0 comments }

NJ Assembly Committee Advances 9-1-1 Bill

by Krystle Nova on June 28, 2017

The Assembly Homeland Security and State Preparedness Committee recently advanced Assembly Bill No. 1821, which would require 9-1-1 service facilities to be equipped to receive text messages within three years. To help fund the upgrades, the proposed legislation temporarily increases the 9-1-1 System and Emergency Response Fee by 10 percent.  The ability to summon police […]

{ 0 comments }

The Federal Communications Commission (FCC) is currently seeking comment on whether it should enact rules to promote broadband infrastructure by preempting state and local laws that inhibit deployment.  As set forth in the FCC’s Notice of Inquiry, Section 253 of the Federal Telecommunications Act (FTA) provides that “[n]o State or local statute or regulation, or […]

{ 0 comments }

NJ Legislature Passes Bill to Tax Short-Term Rentals

by Michael A. Jimenez on June 21, 2017

The New Jersey Legislature recently passed legislation that would impose taxes on short-term rentals, or “transient space marketplaces,” like Airbnb.  The bill, Assembly Bill No. 4587, now heads to Gov. Chris Christie. According to Airbnb, approximately 6,000 New Jersey “hosts” earned more than $50 million last year.  Nonetheless, an increasing number of New Jersey municipalities are […]

{ 0 comments }

The Supreme Court of New Jersey recently agreed to consider whether the New Jersey Constitution bans a county government from giving historic preservation grants to local churches. The case is Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders.  The suit, which was brought by the Freedom From Religion Foundation (FFRF), alleges that […]

{ 0 comments }

In Doe v. Hopewell Valley Reg. School Distr. Bd. of Ed., the Appellate Division held that Hopewell Valley Regional School District was not liable for damages arising out of sexual abuse committed against a student by one of the District’s former teachers. According to the court, there was no evidence the District knew, or had any […]

{ 0 comments }

NJ Council on Local Mandates Rejects Bail Reform Challenge

by John G. Geppert, Jr. on May 23, 2017

The New Jersey Council on Local Mandates recently issued a formal decision rejecting the New Jersey Association of Counties’ challenge to the state’s bail reform law. The Counties had alleged that the reforms set forth in the Criminal Justice Reform Act (CJRA) constitute an unfunded mandate and are thus unconstitutional. Bail Reform Challenge Under prior New […]

{ 0 comments }

TCA Shields Turnpike Authority in Suit Over Fatal Tree Fall

by Michael A. Jimenez on May 15, 2017

A New Jersey appeals court recently confirmed that the state’s Tort Claims Act (“TCA”) shields the New Jersey Turnpike Authority (“Turnpike Authority”) from any liability in a wrongful death lawsuit where a tree fell onto a vehicle traveling on the highway causing the death of two individuals.  According to the Appellate Division, the Turnpike Authority […]

{ 0 comments }

The Assembly recently passed legislation that would prohibit public agencies from incorporating confidentiality provisions into settlement agreements with a whistleblower. Assembly Bill No. 4243 also provides that such settlements constitute public records. Assemblyman John McKeon introduced the bill in response to a settlement agreement in which the state agreed to pay $1.5 million to resolve […]

{ 0 comments }

The Appellate Division recently held that the City of Elizabeth (City) and Elizabeth Board of Education (BOE) are immune from liability under the New Jersey Tort Claims Act (TCA) for injuries sustained by a child who was struck by a motor vehicle while crossing the street near a municipal park located about a block away […]

{ 0 comments }