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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Federal Judge Rules Camden Municipal Court Violated ADA

by Christina M. Abreu on January 22, 2017

Court Rules Camden Municipal Court Violated ADA

Last month, a federal court ruled that Camden Municipal Court and the City of Camden violated the Americans with Disabilities Act (ADA) by failing to provide a court interpreter for a deaf litigant. The decision in Perez v. Camden Municipal Court highlights that public entities must be mindful of their obligations under the ADA.  Facts […]

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UEZs Sunset in Five NJ Municipalities

Urban enterprise zones have expired in five New Jersey municipalities. While the Legislature approved a compromise bill extending the UEZs for another two years, Gov. Chris Christie has yet to act on it. The proposed bill (A-4189/S-2670), which has been approved by the Senate and Assembly, would have prevented UEZ designations from expiring in Bridgeton, […]

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Federal Judge Rules NJ Township Discriminated Against Mosque Plan

by Michael A. Jimenez on January 17, 2017

Federal Judge Rules NJ Township Discriminated Against Mosque Plan

A federal judge recently ruled that the Bernards Township Planning Board wrongfully denied the Islamic Society of Basking Ridge’s (ISBR) plan to build a mosque. The court specifically found that the Planning Board discriminatorily applied the township’s parking ordinance by requiring the proposed mosque to have more parking spots than a comparably sized church or […]

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Third Circuit Rules University Immune from Suit as “Arm of the State”

Resolving a split in the federal courts in New Jersey and Pennsylvania, the Third Circuit Court of Appeals recently held that state universities are entitled to Sovereign Immunity protections in discrimination law suits.  The decision in Maliandi v. Montclair State University found that Montclair State University (MSU) is entitled to immunity under the Eleventh Amendment […]

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Year in Review: OPRA Recap for 2016

by Laura M. Miller on January 10, 2017

Year in Review: OPRA Recap for 2016

As we begin the New Year, we are looking back at the public law issues that impacted New Jersey municipalities in 2016. Several key legal developments involve the state’s Open Public Records Act (OPRA). In case you missed any of our posts, below is a brief recap. Security Footage from Municipal Surveillance Cameras: In Gilleran […]

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Legislation Authorizing Electronic Public Notices Advances

by Jason T. Mushnick on January 3, 2017

Publishing public notices in local newspapers is both costly and time consuming for New Jersey municipalities.  In response, lawmakers are currently considering the “Electronic Publication of Legal Notices Act.” Under the proposed legislation (S-2855 and A-4429), government agencies would be authorized to publish legal notices on official government notice websites instead of in newspapers in […]

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