Month: June 2013

Scarinci malpractice

Appellate Division Considers Interplay Between OPRA and Expungement

In Paff v. Borough of Gibbsboro, the Appellate Division of the Superior Court considered what happens when records requested under New Jersey’s Open Public Records Act become subject to an expungement order while the request denial is pending in court. The panel ultimately concluded that the expungement statute overrides the

nj zoning law

NJ Appellate Division Decision Highlights Complexities of Amended Site Plan Approvals

The site plan approval process often causes headaches for New Jersey municipalities and developers alike. The process is further complicated when the property changes hands multiple times and takes years to get off the ground. In Courter v. Absecon Planning Board, the Appellate Division of the Superior Court of New

NJ Tax Court Issues Key Cell Tower Tax Ruling

NJ Cell Tower Zoning Cases Address Role of Municipal Site Selection

Cell phone towers have become the latest “not in my backyard” issue for New Jersey municipalities. In two recent cases, the New Jersey Superior Court considered whether the requirement that a cell phone carrier seek a least intrusive site from a community impact standpoint continue unabated where a municipality had

High-Profile OPRA Case Results in $542,000 in Legal Fees for NJ City

Update: COAH Must Begin Housing Trust Fund Seizure Process Anew

On June 7, the Appellate Division of the New Jersey Superior Court again halted the Council on Affordable Housing’s (COAH) process to seize unused affordable housing trust funding. The order vacates the stay on the taking of the housing trusts funds, but also states that COAH cannot continue with efforts

NJ disability benefits

NJ Appellate Division Rules Officer Entitled to Accident Disability Benefits After Being Pierced With Hypodermic Needle

The Appellate Division of the New Jersey Superior Court recently ruled that an Essex County sheriff’s officer was entitled to accidental disability benefits after being pierced with a hypodermic needle when attempting to take a suspect into custody. The court concluded that the Board of Trustees of the Police and

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Court Sides With Faculty Association Over Arbitration of Grievances

The Appellate Division of the New Jersey Superior Court recently considered the proper body to decide grievances involving minor employee discipline by a state college. The case, Board of Trustees of Ocean County College v. Faculty Ass’n of Ocean County College, centered on the interplay of several New Jersey statutes.

New Jersey Lawyer

Time Is of the Essence in the GRC Complaint Process

The Government Records Council is tasked with reviewing and adjudicating complaints concerning a denial of access to a government record by a records custodian under New Jersey’s Open Public Records Act. It receives an average of 281 complaints each year. In its May issue of OPRA Alert, the GRC acknowledged

NJ municipal lawyer

NJ Court Rules Municipal Clerk’s Referendum Rejection Violated Faulkner Act

The New Jersey Appellate Division recently found that the clerk of the City of Hoboken failed to comply with Optional Municipal Charter Law, commonly known as the Faulkner Act, when refusing to file a referendum petition submitted by a committee of citizens.  The case, Tumpson v. Farina, provides a great