Year: 2013

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Appeals Court Invalidates Environmental Rezoning Ordinance

In Griepenburg v. Township of Ocean, the Appellate Division of the Superior Court of New Jersey ruled that environmental rezoning ordinances passed by the Township of Ocean were invalid as applied to the plaintiffs’ property because the downzoning was not reasonably required to serve the stated purposes of the ordinances.

NJ Appeals Court Rules Wildwood Police Officer Can’t Serve Double Duty as Mayor

While many New Jersey police officers work extra hours, holding elected office is not a permissible second job. In Adair v. Wildwood, the Appellate Division of the New Jersey Superior Court recently ruled that Wildwood police officer Gary DeMarzo could not also serve as the city’s mayor. The Facts of

Governor Christie Signs Transgender Student Law

NJ Appeals Court Rules Seaside Park Can’t Withdraw from School District

The Appellate Division of the Superior Court of New Jersey recently ruled that Seaside Park may not withdraw from the Central Regional School District. The case provides a comprehensive overview of regional school funding as well as the legal process for dissolving or withdrawing from a regional school district. The

Atlantic City OPRA

NJ Court Rules Atlantic City Marketing Coalition Not Subject to OPRA

The Appellate Division of the New Jersey Superior Court recently rejected arguments that Atlantic City Alliance, Inc. should be considered a public entity for the purposes of the state’s Open Public Records Act (OPRA). The court ruled that the marketing coalition is a private entity involved in a partnership with

OPMA

NJ Supreme Court Overturns Variance Denial

The Supreme Court of New Jersey recently ruled in the case of Ten Stary Dom Partnership v. Mauro, that the Borough of Bay Head’s planning board improperly denied a landowner’s request for a bulk zoning variance to build a one family home.  The Court found that the board placed too

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

New Bill Targets Legal Fees Charged to NJ Municipalities

Earlier this summer, the Office of the State Comptroller released a report concluding that local public entities may not be adequately reviewing their legal bills. It specifically found that they may be missing excessive fees, improperly billed fees, or other issues concerning these bills. To address these concerns, Sen. Jennifer

New Jersey Municipal land use law

Are Incorrect Lot Numbers Fatal Under NJ’s Municipal Land Use Law?

The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the

NJ municipal law abandoned vehicles

NJ Court Upholds Hoboken Towing Ordinance

The Appellate Division of the Superior Court of New Jersey recently upheld an ordinance adopted by the City of Hoboken to license and regulate businesses that remove and store motor vehicles. The court held that city was well within its authority under N.J.S.A. 40:48–2.49, which outlines the aspects of towing