Month: February 2013

NJ eminent domain law

Court Rules NJ Condemning Authorities Do Not Have to Negotiate With Mortgage Assignees

New Jersey still has a large inventory of foreclosed properties. As a result, many municipalities are seeking to condemn the properties for redevelopment and other purposes. In a recent decision, the Appellate Division clarified that that a New Jersey condemning authority is not obligated to negotiate with the assignee of

New Jersey zoning law

Third Circuit Rules NJ Municipality Can Ban All Billboards

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit upheld a New Jersey municipality’s ordinance prohibiting billboards. The court specifically found that the total billboard ban did not violate free speech guarantees under the First Amendment to the U.S. Constitution. The Facts of the Case In

NJ municipal law abandoned vehicles

Interplay Between NJ Statutes Determines Right to Auction Proceeds From Impounded Vehicles

Ever wonder what happens to abandoned vehicles that are towed away? Ultimately, many are sold at public action by New Jersey municipalities. In Sevell’s Auto Body Co., Inc. v. Borough Of Roselle Park, the Appellate Division considered whether the businesses hired to tow and store the vehicles should benefit from

NJ Local Finance Board Proposes New Rules to Make Sure Municipalities Pay Their Bills

The New Jersey Division of Local Government Services Local Finance Board wants to make sure that counties and municipalities are paying their bills on time. It recently proposed two new rules that would alter the procedures for the payment of local unit debt obligations. According to the rule proposal, “Local

Tips for New Jersey Municipalities Making OPRA Redactions

When responding to a request under New Jersey’s Open Public Records Act (OPRA), municipalities frequently seek to redact information that should not be disclosed. However, in order to avoid an improper denial of access complaint, it is important make sure that all OPRA redactions are not only performed properly but

Amended OPMA Legislation Reintroduced

Changes could be in store for New Jersey’s open government laws in 2013. Senate Majority Leader Loretta Weinberg, D-Teaneck, recently reintroduced amendments to New Jersey’s Open Public Meetings Act (OPMA). As we previously discussed on this New Jersey Government & Law Blog, Weinberg’s previous effort to amend the law stalled

Court Upholds New Jersey Municipality’s Suspension of Liquor License

Liquor licenses have the potential to cause legal headaches for municipalities and liquor licensees’ alike. In Polish People’s Home, Inc. v. Municipal Board Of Alcoholic Beverage Control Of The City Of Passaic, the Appellate Division clarified when a liquor license can be suspended for failing to operate the licensee’s establishment

New Jersey Municipal Ordinance Banning Digital Billboards Fails to Survive Constitutional Challenge

A New Jersey company recently waged a successful constitutional challenge to a municipal zoning ordinance banning digital billboards. The trial court agreed that the ordinance impermissibly curtailed commercial speech and, thus, violated the First Amendment to the U.S. Constitution. The Facts of the Case The lawsuit centered on the proposed