The New Jersey Tax Court recently considered a novel question of interest to both municipalities and commercial landowners — whether a taxpayer that receives two Chapter 91 requests for two separate lots governed by a singular lease agreement has “failed or refused to respond” pursuant to N.J.S.A. 54:4-34 by having
Rebuilding in the wake of Superstorm Sandy continues throughout New Jersey. For homeowners and municipalities, ensuring compliance with new federal flood guidelines and existing local land use ordinances has proven challenging. To address the problem, Gov. Chris Christie recently signed legislation that permits limited exemptions to local land use restrictions
Government surveillance is currently a hot topic, even in New Jersey schools. Effective July 1, school districts are required to notify students and their parents if school-supplied electronic devices may record or collect information on the student’s activity or the student’s use of the device. The law is named the
The Superior Court of New Jersey recently clarified the criminal investigatory records exemption under New Jersey’s Open Public Records Act. Under OPRA, a criminal investigatory record is a record “which is not required by law to be made, maintained or kept on file that is held by a law enforcement
In TSI East Brunswick, L.L.C. v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court of New Jersey considered the standard of proof required for securing a variance for a conditional use. The court concluded that applicants are not required to prove the negative criteria by an
The New Jersey municipality of Mount Holly will take center stage before the U.S. Supreme Court next term. The justices have agreed to consider 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 Fair
The Appellate Division of the New Jersey Superior Court recently examined the relationship between the state’s Local Budget Law and the Faulkner Act. The Local Budget Law limits municipal budget increases to 2.5 percent of the previous year’s final appropriations or the cost-of-living adjustment, whichever is less. However, there are
Earlier this month, the Supreme Court of New Jersey issued yet another decision regarding the state’s controversial affordable housing program. By a vote of 5-2, the panel held that Gov. Chris Christie’s attempt to abolish the Council on Affordable Housing (COAH) exceeded his authority. As previously discussed on the Scarinci
