The Appellate Division recently considered whether an ordinance that authorizes “health and wellness centers” and “fitness and health clubs” in two industrial zones changes the “classification” of those zones, thereby requiring compliance with the notice requirements of New Jersey’s Municipal Land Use Law. N.J.S.A. 40:55D-62.1 provides that a municipality must
In a recent workers’ compensation case involving a municipal employee, the Appellate Division clarified the requirements for obtaining temporary disability benefits. Johnson v. Hamilton Township particularly addressed the medical evidence required for temporary as opposed to permanent disability under New Jersey law. The Facts of the Case Michael P. Johnson
Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers
Under the New Jersey Tort Claims Act, the standard of liability applied to a public entity depends on whether it exercised discretionary decision-making or performed ministerial acts. In Henebema v. South Jersey Transportation Authority, the Appellate Division considered whether a judge or jury should resolve that threshold dispute. The distinction
The Appellate Division recently considered the legal recourse available to a public employee upon termination. Doyle v. Lakewood Township specifically involved a non-tenured tax collector who was not entitled to civil service protection. The Facts of the Case Defendant Lakewood Township dismissed plaintiff Anne Doyle from her position as tax
The Appellate Division recently upheld regulations promulgated by the New Jersey Department of Environmental Protection (NJDEP) known as the “waiver rules.” The controversial rules allow the agency to waive compliance with environmental regulations under certain circumstances, including if it there is a conflict among regulations; if they impose an undue
A New Jersey federal court recently rejected North Wildwood City’s attempt to dismiss a lawsuit under the American’s With Disabilities Act (ADA). The municipality had argued that the plaintiffs lacked standing because they did not suffer an injury-in-fact. The Facts of the Case In Hamill v. North Wildwood City, two
Legislation that would require early voting in most New Jersey elections now awaits Gov. Chris Christie’s consideration. Under the proposal (S-2364), early voting in the general election and primary for the general election would begin on the 15th day before the election and ending on the second calendar day before
