Year: 2014

SCOTUS to Decide If the Government Can Challenge Patents

Year in Review: Key Decisions Impacting New Jersey Municipalities

In 2014, New Jersey state and federal courts issued several important decisions that impacted municipalities and local agencies. In case you missed our posts, below is a brief summary: Open Public Records Act: In O’Boyle v. Borough of Longport, the New Jersey Supreme Court held that the common interest rule

New Jersey Court Clarifies Veteran Property Tax Exemption

“Buy American” Legislation Clears New Jersey Assembly Committee

New Jersey lawmakers are currently considering legislation that would expand requirements that public agencies use goods made in the United States for public contracts. While the intent of the proposed law is certainly commendable, it would impose a number of new requirements on New Jersey municipalities. Assembly Bill No. 3059

NJ Appeals Court Rules OPRA Requests Subject to OPRA

Will New Jersey Supreme Court Create Bright Line Rule for Development Conflicts?

The New Jersey Supreme Court recently heard oral arguments in Grabowsky v. Twp. of Montclair. The key issue in the case is whether municipal officials should be precluded from participating in development approvals if they belong to organizations that may be impacted by the project. The Facts of the Case

NJ Supreme Court Rules Co-Op Board’s Leaflet Ban Violated Resident’s Free Speech Rights

In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of

NJ Supreme Court Holds Security Footage Not Subject to OPRA

NJ Court Rules Municipality Must Release Security Camera Footage Under OPRA

Late last month, an Atlantic County Superior Court judge ruled that the Buena Vista Township must provide access to security camera footage of a public meeting room, pursuant to a request made under the New Jersey Open Public Records Act (OPRA). The Facts of the Case On July 29, 2014,

NJ Appeals Court Rules Municipal Land Use Ordinances Preempted by Safe Dam Act

NJ Appeals Court Rules Municipal Land Use Ordinances Preempted by Safe Dam Act

The Appellate Division recently addressed whether the Safe Dam Act (SDA) preempts local land use approval requirements as well as municipal ordinances. In United Water New Jersey v. Hillsdale, the court held that the Borough of Hillsdale was preempted by state law from applying such requirements to a dam improvement

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Court Rules Declaratory Judgment Is Improper Means to Challenge OPRA Denial

A New Jersey court recently clarified that a plaintiff cannot utilize the Declaratory Judgment Act to seek a declaration that its rights were violated under Open Public Records Act. In The Stop & Shop Supermarket Company, LLC v. The County of Bergen, the court also held that an OPRA complaint

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court Approves Civil Service Rule Change

The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service