In Hanover Floral Co. v. East Hanover Township, the Tax Court of New Jersey held that a taxpayer’s payment of taxes on a lot that it did not actually own was a “mistake” under N.J.S.A. 54:4-54. Accordingly, the taxpayer was entitled to a refund. Facts of the Case The plaintiff, Hanover Floral Co., is a […]


U.S. Supreme Court to Consider Constitutionality of Public Union Fees

by John G. Geppert, Jr. on October 18, 2017

The Justices of the United States Supreme Court are hoping that the third time is the charm when it comes to the constitutionality of public union fees. The Court recently added Janus v. American Federation of State, County, and Municipal Employees, Council 31 to its docket for the October 2017 Term. The specific issue before […]


NJ Court Rules Res Judicata Did Not Bar Development Application

by William C. Sullivan on October 9, 2017

In Glenn v. City of Cape May Planning Board, the Appellate Division of the New Jersey Superior Court held that a land use application was not barred by res judicata because the City of Cape May Planning Board never reached the full merits of earlier applications related to the site.  In addition, the Board’s decision […]


NJ Appeals Court Clarifies ELEC Authority to Issue Complaint

by Michael A. Jimenez on October 7, 2017

In New Jersey Election Law Enforcement Commission v. DiVincenzo, the Appellate Division held that the Election Law Enforcement Commission (also known as “ELEC” or the “Commission”) still had jurisdiction to issue a complaint even though only two members voted due to vacancies.  According to the appeals court, the common-law quorum requirement applied to the issuance […]


Texas Court Strikes Down DOL Overtime Rule

by Craig A. Long on September 29, 2017

New Jersey municipalities will not have to comply with the Department of Labor’s (DOL) revised overtime rule, which was enacted under the Obama Administration in 2016. A Texas judge recently held that the DOL exceeded its authority under the Fair Labor Standards Act (FLSA), effectively ending the long-standing legal battle over the rule.  FLSA Overtime […]


While many states have decriminalized cannabis, it remains a Schedule I drug under the federal Controlled Substances Act (CSA). This classification is reserved for drugs with “high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment.” Other Schedule I drugs include heroin, LSD, and cocaine. De-scheduling cannabis would […]


Local Finance Notice Addresses Construction Code Fees

by David L. Blank on September 18, 2017

The Division of Local Government Services and the Division of Codes and Standards recently issued a Local Finance Notice (Notice) reminding municipalities about the construction code fee limitations established under state law and how construction code enforcement offices must budget and account for such fees. They issued the Notice after becoming aware of “instances where […]


NJ Appeals Court Upholds Automatic Approval of Site Plan Application

by William C. Sullivan on September 6, 2017

In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was pending. Facts of the Case […]


Jersey City Testing Cellphone-Based Police Body Cameras

by Michael A. Jimenez on September 6, 2017

Jersey City is the first local government to rely on cellphones to record law enforcements’ interaction with the public. The city’s new police body camera program will rely on a mobile application known as CopCast. Increased Adoption of Police Body Cameras In 2014, New Jersey enacted a law requiring that all new patrol cars purchased […]


In a recent decision, the Supreme Court of New Jersey opened the door for records custodians to go on the offensive in response to requests under the state’s Open Public Records Act (OPRA). In In the Matter of the New Jersey Firemen’s Association Obligation to Provide Relief Applications Under the Open Public Records Act, the […]