May 2013 - Government & Law Blog

U.S. Supreme Court Resolves Key Administrative Law Issue in Telecommunications Zoning Case

On May 31, 2013April 10, 2014 By wsullivan

A recent United States Supreme Court decision clarifies a key area of administrative law while also providing telecommunications providers with potential grounds to argue that a municipality is not promptly reviewing development applications for telecommunication facilities. In City of Arlington, Texas v. Federal Communications Commission, No. 11-1545 (May 20, 2013), the

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

Categories : Municipal LawTags : COAH New Jersey affordable housingLeave a comment

Uncertainty Over COAH Funds Continues for NJ Municipalities

On May 28, 2013April 10, 2014 By Patrick J. McNamara

New Jersey municipalities have again received letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, a recent court order provides at least a temporary reprieve. The Fair Share Housing Act allows the state to seize money that has gone

Categories : Condemnation and Eminent DomainTags : New Jersey Condemnation Law New Jersey Land Use LawLeave a comment

Third Circuit Rules NJ Borough Justified in Using Police Power to Restrict Access to Property Containing Unexploded Munitions

On May 24, 2013April 10, 2014 By Patrick J. McNamara

The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property

Categories : Municipal LawTags : New Jersey emergency response liabilityLeave a comment

Appellate Division Finds Municipality NEVER Liable for Conduct of 9-1-1 Operators

On May 21, 2013April 10, 2014 By Robert E. Levy

The New Jersey Appellate Division recently ruled that public entities enjoy broad immunity for the conduct of their 9-1-1 Operators, regardless of culpability. Robert E. Levy Esq., of Scarinci Hollenbeck, argued the winning side of the case for the Township of Irvington in the case, Turner v. Township of Irvington,

Categories : State GovernmentTags : New Jersey Administrative Law New Jersey ALJLeave a comment

Will NJ State Agencies Lose Veto Power Over ALG Rulings?

On May 17, 2013April 10, 2014 By Kara Kaczynski

State agencies in New Jersey may soon relinquish their veto power over certain court rulings. The New Jersey Assembly recently approved legislation that would give the final decision to administrative law judges (ALJ) rather than allow the heads of state agencies to veto or modify rulings. The change would apply

NJ Court Rules School Board Must Release Attachments Prior to Public Meetings

Categories : Open Public Records ActTags : OPRALeave a comment

NJ Court Upholds OPRA Denial Over Personnel Records

On May 13, 2013April 10, 2014 By Sheri Siegelbaum

The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open Public Records Act (OPRA). North Jersey Media Group, doing business as The Record newspaper, had sought records related to hiring decisions at the Port Authority of New York

Categories : Election LawTags : New Jersey Election LawLeave a comment

Court Cautions Against Inflexible Application of New Jersey Election Laws

On May 10, 2013April 10, 2014 By Gary Cucchiara

A recent Appellate Division decision reinforces that municipalities need not always rigidly enforce New Jersey election laws. As specifically highlighted by the court, such laws should be “relaxed where enforcement of the right of choice in the election process is unreasonably thwarted.” The Facts of the Case Regalado v. Curling involved

SCOTUS Won’t Hear Public School Teacher’s First Amendment Case

Categories : Open Public Records ActTags : New Jersey Open Public Records Act U.S. Supreme CourtLeave a comment

U.S. Supreme Court Issues Key Public Records Decision

On May 7, 2013April 10, 2014 By Sheri Siegelbaum

The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may

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