Month: October 2012

OPRA Requests: What Happens When Public Records Are Maintained Offsite?

In many cases, records requested under New Jersey’s Open Public Records Act are not physically located onsite. For instance, the records may be maintained at another agency or third party, with whom the public entity has a contractual agreement. However, as highlighted by the New Jersey Government Records Council in

When Does a Taking Occur Under New Jersey’s Eminent Domain Law?

The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality

New Jersey Municipality Seeks to Hold OPRA Requester Liable For Release of Confidential Information

In an interesting legal twist, the Borough of Pine Hill is seeking to shift liability for the release of confidential information to the individual who requested it under New Jersey’s Open Public Records Act. The municipality has filed a motion to add the requester, John Schmidt, as a third-party defendant.

New Jersey Appeals Court Rules Port Authority Not Subject to OPRA

The Port Authority of New York and New Jersey is exempt from the requirements of the New Jersey Open Public Records Act, according to a New Jersey appeals court. The court reasoned that because the Port Authority is an instrumentality of the two states, it is not considered an “agency”

Supreme Court Preview: Cases to Watch in Public Law

The U.S. Supreme Court recently began its October 2012 term. While issues like affirmative action, gay marriage, and voting rights are some of the most-highly anticipated issues on the docket this term, it is sometimes the lesser-known cases that really make waves. As New Jersey public law attorneys, we are

Is New Jersey’s Strict Anti-Bullying Law Working?

Last week, students across New Jersey participated in the second annual Week of Respect. It is one of the many initiatives started under the New Jersey Anti-Bullying Bill of Rights, which became law in 2011. As we have previously discussed on this New Jersey Government & Law blog, the state’s

Will Proposed Marriage License Changes Make New Jersey a Wedding Hot Spot?

Local municipalities may be issuing more marriage licenses if legislation seeking to modernize New Jersey’s marriage license requirements ultimately becomes law. S-2106 would eliminate the state’s 72-hour waiting requirement and relax residency requirements. Under the measure, there would be no waiting period between submitting an application and receiving a marriage

New Jersey Permit Extension Act Signed Into Law

New Jersey Governor Chris Christie has signed the Permit Extension Act of 2012 into law. It extends the expiration date of certain permits and other government approvals until December 31, 2014. The goal of the bi-partisan legislation (A-1338/ S-743) is to ensure that stalled development projects can continue as the