Year: 2013

NJ Supreme Court Decides Sewer Rights Case

NJ Supreme Court Tackles How to Divvy Up Sewer Connection Fees

The New Jersey Supreme Court recently considered what happens when more than one entity plays a role in handling a property’s sewage. The court concluded that both entities were entitled to collect a non-duplicative sewer connection fee. The Facts of the Case Under the New Jersey Sewerage Authorities Law, N.J.S.A.

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

Mandatory Direct Deposit For State and Municipal Employees Becomes Law in New Jersey

Gov. Chris Christie recently signed a bill into law that will make direct deposit mandatory for many state and municipal employees. Under P.L. 2013, c.28, direct deposit will be required for all State employee compensation on and after July 1, 2014. New Jersey’s direct deposit law also allows county, county

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NJ Supreme Court Gives Deference to Arbitration Award in Public-Sector Labor Dispute

The New Jersey Supreme Court recently upheld an arbitration award in a dispute between a municipality and local labor union. In doing so, it highlighted that courts should give great deference to arbitration awards in New Jersey public-sector labor disputes so long as they are reasonably debatable. The Facts of

NJ Court Clarifies Mayor’s Power to Authorize Municipal Employee Layoff Plan

A recent decision by the Appellate Division clarifies the authority of a New Jersey mayor to authorize a layoff plan for municipal employees without first obtaining the consent of the township council. In Hillside Firemen’s Mutual Benevolent Ass’n v. Menza, the court held that a municipality operating under the mayor-council

NJ condemnation dune

Legislation Would Limit Condemnation Awards for Beach Replenishment

Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes. The bill, S-2618/A-3896, would amend the “Eminent Domain

NJ Appeals Court Invalidates DEP’s Public Access Rules

NJ Appeals Court Rules Gutted Home Lost Grandfathered Status Under Zoning Law

Many homeowners faced with damage from Superstorm Sandy may have another obstacle to rebuilding – the Municipal Land Use Law.  In a recent decision, the Appellate Division held that a home in Seaside Park lost its ‘grandfathered’ non-conforming use and structure status when it was gutted for repairs. The Facts

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Redevelopment Legislation Advances in NJ Senate

New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191

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New Jersey Rescue Squad Immunity Bill Advancing

Legislation that would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations is advancing through both the state Senate and Assembly. As we have previously discussed on this New Jersey Government & Law Blog, the New Jersey Supreme Court