NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation.  Legal Background N.J.S.A. 40:55D-68 authorizes the restoration

NJ Senate Committee Advances Bill to Amend PILOT Process

New Jersey lawmakers are currently considering legislation that would increase oversight over local tax abatement agreements. Senate Bill 1701 aims increase transparency regarding payments in lieu of taxes (PILOTs), particularly with respect to how they impact school funding.  As previously discussed in the Scarinci Hollenbeck Government & Law Blog, many New

Gov. Murphy Conditionally Vetoes PFRS Reform Legislation

New Jersey Governor Phil Murphy has conditionally vetoed legislation that would transfer the management of the Police and Fire Retirement System (PFRS) to a Board of Trustees. In his veto message, Gov. Murphy proposed several significant changes to Senate Bill No. 5, which are summarized below.  Proposed PFRS Reform As discussed in

NJ Supreme Court Rules Public Auction Records Subject to OPRA

In William J. Brennan v. Bergen County Prosecutor’s Office, the Supreme Court of New Jersey held that the state’s Open Public Records Act (OPRA) compels the disclosure of documents including the names and addresses of persons who successfully bid at an auction of public property. The court’s decision is particularly

Assembly Passes Bill to Allow Volunteer Firefighters to Receive Public Employee Retirement Benefits

The New Jersey Assembly recently passed a bill that would allow firefighters with a pre-existing volunteer relationship with their employer to retire from service covered by the Employees’ Retirement System (PERS) or the Police and Firemen’s Retirement System (PFRS) and continue to serve that employer as a volunteer. The legislation, Assembly

New Law Alters Performance Guarantees under the MLUL

New Jersey municipalities may need to amend their local ordinances in light of recent changes made to the state’s Municipal Land Use Law (MLUL). The new law signed in January, P.L. 2017 C. 312, restricts when a municipality can require performance and maintenance guarantees from a developer.   Limits on Performance

Gov. Murphy Signs NJ Voter Registration Bill

Gov. Phil Murphy recently signed legislation into law that expands voter registration in New Jersey. Pursuant to Assembly Bill No. 2014, the New Jersey Motor Vehicle Commission (MVC) will automatically register to vote and update voter registration for eligible applicant when applying for motor vehicle driver’s license, examination permit, probationary