Month: March 2014

Reminder to NJ Municipalities: Direct Deposit Law Takes Effect This Summer

While summer may seem eons away, New Jersey cities and towns should start to consider whether they plan to take advantage of a new law that allows municipalities to pay their employees using direct deposit. Under P.L. 2013, c.28, direct deposit will be required for all State employee compensation on

Deadlines Matter: NJ County Tax Board Wins Case Due to Untimeliness

A recent decision by the New Jersey Tax Court highlights that compliance with filing deadlines can dramatically impact the outcome of a case. In Mikhail v. Township of Howell, the court dismissed a resident’s complaint with the Monmouth County Board of Taxation for being one day late. The Facts of

Court Chastises NJ Municipality for Attempting to Circumvent OPRA

In a recent decision, the Superior Court of New Jersey held that the Borough of Cliffside Park violated the state’s Open Public Records Act (OPRA) by failing to provide copies of a settlement agreement executed between the municipality and its former chief of police. The cases, John Paff v. Borough

Should OPRA Be Amended to Include State Legislators?

Momentum is growing among New Jersey municipalities to expand the New Jersey Open Public Records Act (OPRA) to include state lawmakers. The basic argument is “if us, why not them?” Under the current law, OPRA’s disclosure requirements apply to “public agencies,” which are defined as: The executive branch of state

OPMA

NJ Supreme Court Stays Order Establishing Deadline for COAH to Promulgate Fair Housing Rules

Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey

NJ Court Rejects Jurisdictional Challenge to Planning Board Decision

In a recent decision, the Superior Court of New Jersey outlined the procedures that must be followed when litigation surrounding a planning board decision results in the filing and acceptance of a new application.   The Facts of the Case Pawlynsky v. Princeton Planning Board centered on a parcel of

NJ Appeals Court Upholds Zoning Board Denial of Day Care Variance

NJ Appeals Court Upholds Zoning Board Denial of Day Care Variance

A recent decision by the Appellate Division of the New Jersey Superior Court highlights the balancing process required for a use variance even when an entity proposes an inherently beneficial use of its property. In 636 Inman LLC v. Woodbridge Twp. Bd. of Adjustment, the court determined that the local

What Is the Proper Valuation Date Under New Jersey’s Eminent Domain Law?

What Is the Proper Valuation Date Under New Jersey’s Eminent Domain Law?

A recent New Jersey Superior Court decision sheds lights on the appropriate date for valuing condemned property pursuant to the Eminent Domain Act of 1971. In Hoboken v. Ponte Equities, the court held that early actions by a municipality to condemn a property do not fix the date; rather, market