The Supreme Court of New Jersey recently held oral arguments in two cases regarding whether the New Jersey Constitution bans government agencies from giving grants to local churches. The cases are Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders and American Civil Liberties Union of New Jersey v. Hendricks.  New Jersey Constitution The […]

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New Jersey Court Clarifies Veteran Property Tax Exemption

by Jessica F. Gonzalez on December 11, 2017

In Pruent-Stevens v. Township of Toms River, the Tax Court of New Jersey addressed eligibility for the veteran’s property tax exemption pursuant to N.J.S.A. 54:4-3.30. It clarified that the term “widow” and “widower” defines a person and not the continued marital status of the person. Accordingly, surviving spouses of disabled veterans may be eligible for […]

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In Moody v. Atlantic City Board of Education, the Third Circuit Court of Appeals reinstated a sexual harassment suit against the Atlantic City Board of Education. The federal appeals court held that the district court erred in concluding that the alleged harasser was not the plaintiff’s supervisor. Facts of the Case Michelle Moody sued the […]

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The Appellate Division of the New Jersey Superior Court has cleared the way for advocacy organizations to gain access to redacted reports detailing settlement agreements and other student records related to services provided to disabled and special needs students. Under the court’s decision, organizations must establish that they are bona fide researchers or obtain a […]

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New Jersey Voters to Decide Library Funding Question

by Monica E. de los Rios on November 5, 2017

This month, New Jersey voters will decide whether to approve funding to finance capital projects at the state’s public libraries. The state has not approved new borrowing for library facilities for eight years.  As more fully discussed in a prior post, the proposed bond act authorizes the issuance of $125 million in State general obligation bonds […]

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In City of Orange Township Board of Education v. City of Orange Township, the Appellate Division granted the City of Orange Board of Education’s application for an injunction to prevent the City of Orange from acting on a voter-approved referendum to change from a Type I to Type II school district. The appeals court agreed […]

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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 […]

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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 […]

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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 […]

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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 […]

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