Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

The Division of Local Government Services (DLGS) recently published a Local Finance Notice regarding municipal levy cap referendums. The notice outlines key dates for 2017 levy elections and discusses an important policy change regarding the healthcare levy cap exclusion. Levy Cap Referendum Deadlines The Local Finance Notice highlights several important deadlines that are fast approaching […]

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NJ Tax Court Issues Key Cell Tower Tax Ruling

by Michael A. Jimenez on March 1, 2017

NJ Tax Court Issues Key Cell Tower Tax Ruling

A recent decision by the Tax Court of New Jersey may significantly impact how local property tax assessments are imposed on cell towers in the state.  In New Jersey Turnpike Authority v. Elizabeth City, (Novin, J.) (17 pp.) (Feb. 10, 2017), the court held that the New Jersey Turnpike Authority (NJTA) was not entitled to a […]

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Gov. Christie Conditionally Vetoes UEZ Bill

by Krystle Nova on February 23, 2017

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Chris Christie has once again refused to extend the Urban Enterprise Zone (UEZ) program. In his conditional veto message of Assembly Bill. No. 489, the Governor characterized the UEZ program as a “program with apathetic participation and a devastating impact on State revenues without any demonstrable benefit to municipalities or their residents.” Last year, the […]

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NJ Appeals Court Rules College Violated OPMA in Terminating Teacher

The Appellate Division of the New Jersey Superior Court recently held that Kean University violated the state’s Open Public Meetings Act (OPMA) when it terminated a faculty member. In Kean Federation of Teachers v. Ada Morell, Bd. Of Trustees of Kean University, the appeals court found that the college violated its obligation to make meeting […]

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Stricter Lead Testing Standards Coming to New Jersey

by John Scagnelli on February 16, 2017

Lead testing for water in New jersey

Gov. Chris Christie recently signed legislation that will strengthen New Jersey’s lead-screening standards for children. The new law is one of several steps that the state is taking in the wake of the water crisis in Flint, Michigan. This summer, the state also implemented new requirements for lead testing in New Jersey schools.  New Lead-Screening […]

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NJ Dept. of Ed to Overhaul Regulation of Private Schools for Students with Disabilities

The New Jersey Department of Education is currently considering amendments that would overhaul how the state regulates Approved Private Schools for Students with Disabilities (APSSDs). The proposed changes are intended to increase oversight and crack down on alleged nepotism and improper spending. Role of APSSDs in New Jersey There are currently 159 APSSDs operating in […]

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NJ Supreme Court: State Police Did Not Waive Sovereign Immunity Against Plaintiff’s ADA Claim

In Brian Royster v. New Jersey State Police, the Supreme Court of New Jersey ruled that the New Jersey State Police (NJSP) was entitled to sovereign immunity with respect to plaintiff’s claim under the Americans with Disabilities Act (ADA). The plaintiff, a former state trooper, had argued that the NJSP either waived the defense through […]

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NJ Supreme Court Issues Affordable Housing “Gap” Ruling

by Patrick J. McNamara on February 3, 2017

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

The New Jersey Supreme Court recently issued its much-anticipated decision regarding whether municipalities must satisfy the affordable housing need which arose from the end of the second-round housing cycle in 1999 to the present, referred to as the “gap period.” In In Re Declaratory Judgment Actions Filed By Various Municipalities, County Of Ocean, Pursuant To […]

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Gov. Christie Sign E-Waste Bill

by Angelo Auteri on January 31, 2017

Gov. Christie Sign E-Waste Bill

Gov. Chris Christie recently signed legislation amending the Electronic Waste Management Act into law. The E-waste bill shifts the burden of recycling electronic devices from local governments to device manufacturers. The Electronic Waste Management Act previously mandated that each manufacturer provide for the collection, transportation, and recycling of its “return share in weight” as estimated […]

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Proposed Federal Bill Aims to Eliminate Chevron Deference

by Allison N. Zsamba on January 27, 2017

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Congress is currently considering legislation that would dramatically alter administrative law by eliminating so-called “Chevron deference.” The House of Representatives passed the Separation of Powers Restoration Act of 2016 last year, and it is currently pending before the Senate Judiciary Committee. Chevron Deference Under the U.S. Supreme Court’s decision in Chevron U.S.A. v. Natural Resources […]

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