Month: December 2013

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Court Upholds Bridgton Board of Education’s Decision to Reject All Public Bids

In Surety Mechanical Services v. Bridgton Board of Education, the Appellate Division of the New Jersey Superior Court upheld the decision of the Bridgton Board of Education to reject all of the bids submitted to perform upgrades at one of its schools. The court concluded that the board was well

NJ Appeals Court Rules OPRA Requests Subject to OPRA

Appeals Court Upholds New Jersey Township’s Amendment of Redevelopment Plan

The Appellate Division of the New Jersey Superior Court recently upheld the dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. The Appellate Division agreed with the trial court that certain procedural errors that occurred during the approval process were technical in nature and

NJ Tax Court Issues Key Cell Tower Tax Ruling

Proposed FCC Rules Could Limit NJ Municipalities’ Authority Over Cell Tower Construction

The Federal Communication Commission (FCC) recently published a Notice of Proposed Rulemaking that may impact how New Jersey municipalities address requests to locate wireless telecommunications equipment. The FCC’s Notice of Proposed Rulemaking (NPR) specifically includes potential measures to expedite the environmental and historic preservation review of new wireless facilities, as

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

Appellate Division Clarifies Distinction Between OPRA Request and Legal Discovery

In a recent decision, the Appellate Division of the New Jersey Superior Court highlighted that requests under New Jersey’s Open Public Records Act (OPRA) and discovery conducted pursuant to a lawsuit are two distinct legal tools. The Facts of the Case Burke v. Ocean County involved an OPRA request filed

NJ Appellate Division Issues Key Healthcare Contribution Decision

NJ Appellate Division Issues Key Healthcare Contribution Decision

The Appellate Division of the New Jersey Superior Court recently issued a key decision regarding public employee contributions to health insurance plans. The case, Paterson Police PBA v. City of Paterson, specifically addressed the definition of “base salary” under N.J.S.A. 40A:10-21(b). The Facts of the Case The city of Paterson,

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

Appellate Division Rules For-Profit Company Does Not Qualify as “Public Agency” Under OPRA

In a recent decision, the Appellate Division of the New Jersey Superior Court confirmed that the state’s Open Public Records Act (OPRA) only applies to true “public entities.” The court rejected the notion that a for-profit corporation could fall under OPRA simply because it performs taxpayer-funded, governmental activities. The Facts

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

Martell’s Tiki Bar’s Legal Challenge to a Point Pleasant Beach ordinance that would have restricted its operating hours is moot because the borough subsequently rescinded the measure, according to a New Jersey Superior Court ruling. The court further concluded that because the bar suffered no damages due to the ordinance, attorney’s

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appellate Division Issues Key Decision on Zoning for Mixed Market Rate and Affordable Housing

The Appellate Division of the New Jersey Superior Court recently issued an important decision regarding housing projects that feature affordable housing and mixed rate housing. In Advance at Branchburg II, LLC v. Township of Branchburg Board of Adjustment, the Court held that while affordable housing is an “inherently beneficial use”