Month: July 2012

New Jersey Supreme Court Clarifies Liability of Rescue Squads

The New Jersey Supreme Court continues to shed light on the liability of New Jersey municipalities when it comes to their rescue squards. In a recent decision, the state’s highest court held that rescue squads that provide intermediate and basic life support services are not immune from suit, even though

New Jersey Municipalities Must Be Given Due Process Before COAH Funds Are Seized

A New Jersey appeals court has ruled that Gov. Chris Christie can seize unused affordable housing trust funds from New Jersey municipalities. However, municipalities must be given adequate notice as well as an opportunity to contest the transfer. Under current New Jersey affordable housing law, municipalities must spend money from

New Jersey Supreme Court Rules OPRA Has Limits

The New Jersey Supreme Court recently clarified that the state’s Open Public Records Act (OPRA) does have its limits. The Court addressed whether certain records related to the Rutgers Environmental Law Clinic’s representation of its clients should be fair game under OPRA. The lawsuit, Sussex Commons Associates v. Rutgers, arose

Public Entities Immune from Vicarious Liability in 9-1-1 Operations

Earlier this week, we told you about Wilson v. City of Jersey City, in which the Appellate Division (on remand from the Supreme Court) held that the conduct of Jersey City’s 9-1-1 operators was not “wanton and willful” and thus they were entitled to immunity pursuant Title 52, N.J.S.A. 52:17C-10.

New Jersey Governor and Legislature Authorize Public Entities To Use Solar Energy Generation to Offset Overall Electric Bills

Legislation approved by the New Jersey Legislature on June 25, 2012 and expected to be signed by Governor Christie has removed what had been a major obstacle to the widespread installation of solar energy facilities by municipalities, school districts and other public entities. Until now, if a public entity wanted

Senate Approves New Jersey Judicial Nominees

Gov. Chris Christie was able to skirt his political feud with state Sen. Ronald Rice, D-Essex, to secure the nomination of his judicial appointee, Former Attorney General Paula Dow. Dow was originally nominated in Essex County, but had to move to Burlington County in order to avoid the political impasse

New Jersey Municipalities Facing Lawsuits Over Red Light Cameras

Red light cameras are taking a beating in New Jersey. The majority of the state’s 85 cameras are now dormant after the Department of Transportation found the red lights cameras failed to meet statutory requirements. Meanwhile, lawmakers are also looking into whether their use should be outlawed altogether. Municipalities that