Year: 2013

NJ Appellate Division Rules Abstentions May Not Be Counted as “No” Votes

In Zimmer v. Castellano and Booker v. Rice, the Appellate Division of the New Jersey Superior was asked to determine the legal effect of abstention. The specific question before the panel was whether the a city council has the authority to deem a council member’s abstention to be a “no”

NJ Court Can’t Reinstate Commissioners’ Award After Dismissal of Condemnation Appeal

The Appellate Division of the New Jersey Superior Court recently held that a trial court cannot reinstate a condemnation commissioners’ award fixing just compensation for a temporary taking after dismissing both parties’ appeals in the condemnation case. The Facts of the Case In State of New Jersey, by the Commissioner

New Jersey Municipal land use law

Court Clarifies “Particularly Suitable” Standard Under NJ’s Municipal Land Use Law

The New Jersey Supreme Court recently clarified whether an application for a use variance based on the assertion that the site is “particularly suitable for the proposed use” requires proof that the project must be built on that site because it is the only one available. The issue arose because

New Jersey Municipalities Unaware of Excessive Legal Fees

Reports Show That Townships Lack of Review Allows Law Firms to Get Away With Over-billing A recent report by the Office of the State Comptroller finds that local public entities may not by adequately reviewing their legal bills. In light of this, government entities may be missing excessive fees, improperly

Proposed Fire District Consolidation Legislation Advances

New Jersey State Firemen’s Association Is A Public Agency Under OPRA

The Appellate Division of the New Jersey Superior Court recently ruled that the New Jersey State Firemen’s Association is a “public agency “ under the Open Public Records Act (OPRA). The case is Paff v. New Jersey State Firemen’s Association. The Facts of the Case In September 2011, the plaintiff,

NJ Municipalities Receive Stern Warning from NFL Over Trademark Infringement

The National Football League (NFL) zealously protects its “Super Bowl” trademark, sending out 80 to 100 cease-and-desist letters each year to businesses using the brand without permission. Official sponsors like Pepsi generally shell out millions of dollars in licensing fees in order to use the logo. As New Jersey prepares

Scarinci malpractice

Appellate Division Considers Interplay Between OPRA and Expungement

In Paff v. Borough of Gibbsboro, the Appellate Division of the Superior Court considered what happens when records requested under New Jersey’s Open Public Records Act become subject to an expungement order while the request denial is pending in court. The panel ultimately concluded that the expungement statute overrides the