The site plan approval process often causes headaches for New Jersey municipalities and developers alike. The process is further complicated when the property changes hands multiple times and takes years to get off the ground. In Courter v. Absecon Planning Board, the Appellate Division of the Superior Court of New
Cell phone towers have become the latest “not in my backyard” issue for New Jersey municipalities. In two recent cases, the New Jersey Superior Court considered whether the requirement that a cell phone carrier seek a least intrusive site from a community impact standpoint continue unabated where a municipality had
On June 7, the Appellate Division of the New Jersey Superior Court again halted the Council on Affordable Housing’s (COAH) process to seize unused affordable housing trust funding. The order vacates the stay on the taking of the housing trusts funds, but also states that COAH cannot continue with efforts
The Appellate Division of the New Jersey Superior Court recently ruled that an Essex County sheriff’s officer was entitled to accidental disability benefits after being pierced with a hypodermic needle when attempting to take a suspect into custody. The court concluded that the Board of Trustees of the Police and
The Appellate Division of the New Jersey Superior Court recently considered the proper body to decide grievances involving minor employee discipline by a state college. The case, Board of Trustees of Ocean County College v. Faculty Ass’n of Ocean County College, centered on the interplay of several New Jersey statutes.
The Government Records Council is tasked with reviewing and adjudicating complaints concerning a denial of access to a government record by a records custodian under New Jersey’s Open Public Records Act. It receives an average of 281 complaints each year. In its May issue of OPRA Alert, the GRC acknowledged
The New Jersey Appellate Division recently found that the clerk of the City of Hoboken failed to comply with Optional Municipal Charter Law, commonly known as the Faulkner Act, when refusing to file a referendum petition submitted by a committee of citizens. The case, Tumpson v. Farina, provides a great
A recent United States Supreme Court decision clarifies a key area of administrative law while also providing telecommunications providers with potential grounds to argue that a municipality is not promptly reviewing development applications for telecommunication facilities. In City of Arlington, Texas v. Federal Communications Commission, No. 11-1545 (May 20, 2013), the
