New Jersey municipalities have again received letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, a recent court order provides at least a temporary reprieve. The Fair Share Housing Act allows the state to seize money that has gone
The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property
The New Jersey Appellate Division recently ruled that public entities enjoy broad immunity for the conduct of their 9-1-1 Operators, regardless of culpability. Robert E. Levy Esq., of Scarinci Hollenbeck, argued the winning side of the case for the Township of Irvington in the case, Turner v. Township of Irvington,
State agencies in New Jersey may soon relinquish their veto power over certain court rulings. The New Jersey Assembly recently approved legislation that would give the final decision to administrative law judges (ALJ) rather than allow the heads of state agencies to veto or modify rulings. The change would apply
The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open Public Records Act (OPRA). North Jersey Media Group, doing business as The Record newspaper, had sought records related to hiring decisions at the Port Authority of New York
A recent Appellate Division decision reinforces that municipalities need not always rigidly enforce New Jersey election laws. As specifically highlighted by the court, such laws should be “relaxed where enforcement of the right of choice in the election process is unreasonably thwarted.” The Facts of the Case Regalado v. Curling involved
The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may
Superstorm Sandy caused an estimated $30 billion in damage to the state of New Jersey. As rebuilding efforts ramp up and federal assistance becomes available, Gov. Chris Christie recently signed legislation aimed to ensure sufficient oversight over the expenditure of Hurricane Sandy recovery resources. Accordingly, public entities must follow certain
