Year: 2013

NJ Appeals Court Criticizes GRC and OAG Over Handling of OPRA Request Regarding NYPD Surveillance

NJ Court Rules OPRA Exception Applies to Police Complaints Not Leading to Charges

A New Jersey court recently held that law enforcement records related to police complaints that do not ultimately lead to criminal charges are not subject to the New Jersey Open Public Records Act (OPRA). In these cases, the court reasoned that privacy interests take precedence over the public right to

Mount Holly Fair Housing Case Settled

Mount Holly Fair Housing Case Settled in Advance of U.S. Supreme Court Hearing

The U.S. Supreme Court will not hear oral arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, which centers on whether disparate impact claims can be brought under the Fair Housing Act. The parties agreed to settle the suit earlier this month. As previously discussed on this Government

New Jersey Lawyer

Appellate Division Upholds City of Camden’s Business Curfew

Some businesses in the City of Camden will have to close their doors at 11 p.m. The Appellate Division of the New Jersey Superior Court recently upheld a local ordinance that requires businesses located within residential zones or located less than 200 feet from a residential zone to shutter their

NJ Council on Local Mandates Rejects Bail Reform Challenge

Third Circuit Rules Conduct By Atlantic City Police Department Did Not Constitute Sexual Harassment

The U.S. Court of Appeals for the Third Circuit recently upheld a district court decision dismissing claims of sexual harassment against the Atlantic City Police Department. The case, Clayton v. City of Atlantic City, highlights that aggrieved employees must be able to prove that the conduct was severe or pervasive

NJ Court Rules Variance Condition Discriminated Against Renters

NJ Court Rules Uphold Conditional Use Variance for Garden Apartment

The Appellate Division of the New Jersey Superior Court recently upheld the decision of the Union City Board of Adjustment to grant a conditional use variance to bring a multi-family apartment containing illegal garden apartments up to modern code. The case, Larry Price v. 636 7th Street, L.L.C. and Union

NJ condemnation dune

NJ Appeals Court Rules Municipalities May Be on the Hook for Loss of Ocean Views, But Facts May Limit Application of Ruling

As New Jersey communities continue to recover from Hurricane Sandy, the Appellate Division of the New Jersey Superior Court has ruled that property owners may be entitled to compensation when protective sand dunes block their views of the ocean, when the property owners’ claims arise out of the municipality’s breach

Gov. Murphy Signs NJ Voter Registration Bill

NJ Court Rules Voter Initiative Did Not Impermissibly Restrain Future Municipal Legislation

In a recent decision, the Appellate Division of the New Jersey Superior Court further clarified the law surrounding voter initiatives under the Faulkner Act. The case, Redd v. Bowman, examined whether an initiative to prohibit the City of Camden from disbanding its police department and join a county force, impermissibly

NJ environmental law

New Jersey Appellate Division Nixes Substation Challenge

The Appellate Division of the New Jersey Superior Court has denied a challenge raised by a citizens’ action group over the construction of a Jersey Central Power & Light (JCP&L) substation on environmentally sensitive land in Tewksbury Township. The court concluded that the Department of Environmental Protection (DEP) had reasonable