Month: September 2012

New Jersey Municipal Zoning Inaction Leads to Mandamus

A recent New Jersey appeals court decision may make it easier for litigants to obtain writs of mandamus against New Jersey municipalities. A mandamus is a court order directing a government official or agency to properly fulfill their official duties. The Facts of the Case In Mullen v. The Ippolito

What Do New Jersey Municipalities Need to Know About the Affordable Care Act?

New Jersey municipalities should begin working to ensure compliance with the Affordable Care Act, if they have not done so already. While some provisions have already taken effect, the most significant changes will be phased in over the next two years. Overall, the ACA will not drastically alter how New

Subs Appointed to New Jersey Supreme Court

New Jersey continues to be plagued by judicial vacancies, with two seats on the state’s highest court still unfilled. As a temporary fix, Chief Justice Stuart Rabner has elevated Judges Mary Cuff and Ariel Rodriguez to sit on the New Jersey Supreme Court starting October 1. As we have previously

Will New Fine Collection Rules Be a Cash Cow For New Jersey Municipalities?

New Jersey municipalities are starting to reap the benefits of a new rule that privatizes the collection of municipal court fines. The rule specifically authorizes municipalities to contract with private collection agencies to collect delinquent fines owed to local courts. According to a recent article in the New Jersey Law

Is the New Jersey Port Authority Covered by the NJLAD?

In an interesting discrimination case working its way though the federal court system, the New Jersey Port Authority maintains that it is not covered by the New Jersey Law Against Discrimination (NJLAD). The argument relies on an unpublished Third Circuit Court of Appeals decision that appears to suggest that the

Social Media Use By New Jersey Municipalities: The Risks and Rewards

Municipalities across the country are increasingly using social media to keep in touch with their citizens. In fact, sites like Twitter and Facebook are credited with playing a valuable role in the wake of Hurricane Isaac by keeping residents of impacted communities informed of road closures, power restoration efforts, and

Legislation Would Change “Town and Gown” Relationship With Private Non-Profit Colleges

Legislation that is currently advancing in both houses of the New Jersey Legislature would give New Jersey municipalities less control over development by private non profit colleges and universities. The bills aim to put private and public institutions on equal footing when it comes to land use approvals. Under the

OPRA Update: Court Highlights Limits of Attorney-Client Privilege

A recent decision by the Appellate Division reminds New Jersey public bodies that they cannot broadly cite attorney-client privilege to avoid providing documents in response to a request made under the Open Public Records Act (OPRA). In Hyman v. City of Jersey City, the court chastised the municipality for its