Month: January 2014

NJ Supreme Court Rules Supportive Housing Programs Entitled to Property Tax Exemptions

In Advance Housing v. Teaneck, the Supreme Court of New Jersey upheld the tax-exempt status of two non-profit institutions that provide supportive housing and services. In doing so, the court rejected the arguments of several New Jersey municipalities that there was not a sufficient nexus between the housing and support

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

While the “Occupy” movement has died down, the legal controversy over protestor arrests has not. In December, the Court of Appeals for the Fourth Circuit ruled that South Carolina Governor Nikki Haley and other state officials are not immune from claims by Occupy Columbia protestors who were arrested for camping

NJ Supreme Court Decides Sewer Rights Case

Gov. Chris Christie Signs Water Quality Management Plan Legislation

Earlier this month, Gov. Chris Christie signed legislation extending the 2012 Water Quality Planning Act. The law, which was set to expire on January 17, 2014, avoids the automatic withdrawal of sewer service areas. By way of background, the New Jersey Department of Environmental Protection (DEP) implemented Water Quality Management

Check Your Math: NJ Tax Court Rules Plaintiffs Not Entitled to Refund of Overpaid Municipal Parking Taxes

Check Your Math: NJ Tax Court Rules Plaintiffs Not Entitled to Refund of Overpaid Municipal Parking Taxes

In Propark America New York, L.L.C. et al v. City of Hoboken, the Tax Court of New Jersey ruled that the operator of public parking garage was not entitled to a refund of overpaid municipal parking taxes paid to the City of Hoboken. The court reasoned that in the absence

Bill Would Eliminate Five Percent Down Payment for Bond Ordinances

New Jersey Public Bidding Laws Do Not Allow Unsuccessful Bidder to Seek Damages from Public Contract Recipient

While unsuccessful bidders may challenge a bid rejection, no cause of action exists for damages by an unsuccessful bidder against the bidder who was awarded the contract, according to a recent decision by the Appellate Division of the New Jersey Superior Court. The Facts of the Case In Brockwell &

NJ Appeals Court Rules OPRA Requests Subject to OPRA

New Jersey Court Rules OPRA Fees Govern Costs of Bid Specifications

Last week, the Appellate Division of the Superior Court of New Jersey issued a key decision regarding the state’s Open Public Records Act (OPRA). In Bozzi v. City of Atlantic City, the panel ruled that public entities can only charge OPRA rates for bid specifications even if the specifications are

indemnification

NJ Supreme Court Upholds Commissioner of Education’s Charter School Denial

The Supreme Court of New Jersey recently upheld the New Jersey Commissioner of Education’s (Commissioner) decision to deny Quest Academy’s application to open a charter school in Montclair. The court ruled that “the Commissioner’s decision to deny Quest Academy’s charter school application was amply supported by the record and was

NJ Judge Sides With Morris County Municipal Utilities Authority in Public Bidding Dispute

The Appellate Division of the New Jersey Superior Court recently ruled in favor of the Morris County Municipal Utilities Authority in a public bidding dispute. In Waste Management of N.J. Inc. v. Morris County Municipal Utilities Authority, the court held that the trial judge mistakenly overlooked his authority to impose