Month: May 2014

New Jersey’s Mortgage Foreclosure Statute has been Amended

Governor Christie recently signed P.L. 2014 c. 5, a law that amends New Jersey’s mortgage foreclosure statute. The legislation was sponsored by Senator Ron Rice and Assemblyman Ralph Caputo. Pursuant to N.J.S.A. 46:10B-51 et seq., there are numerous requirements placed on banks, savings and loan associations, credit unions and other

OPRA Request Upheld by NJ Appellate Court

The Superior Court of New Jersey Appellate Division recently published its opinion in the case of American Civil Liberties Union of New Jersey (ACLU-NJ) v. New Jersey Division of Criminal Justice (NJ-DCJ). The issue before the court was whether, in response to a request for government records under the Open

Council On Affordable Housing Issues New Draft Regulations For Affordable Housing

Earlier this month the Council on Affordable Housing (“COAH”) issued a new set of draft regulations in response to a recent ruling from the New Jersey State Supreme Court to replace, albeit for the third time, what had been commonly referred to as the “Third Round” regulations.  The issuance of

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

New Jersey Court Rules on a Freeholder Director’s Veto Power

The Superior Court of New Jersey in Salem County approved its opinion in the case of Salem County Improvement Authority v. Salem County Board of Chosen Freeholders for publication on May 12, 2014, concerning the extent of a freeholder director’s veto power under N.J.S.A. 40:37A-50. Facts of the case Here,

Supreme Court Upholds Prayer Before Council Meeting

On May 5, 2014, the Supreme Court upheld Christian prayers at the beginning of local town meetings in the case Town of Greece v. Galloway. The Court declared the prayer in line with long-standing, national traditions, even though the nation has grown more religiously diverse. The Court was narrowly divided

NJ Council on Local Mandates Rejects Bail Reform Challenge

Former Mayor Bencivengo’s Bribery Conviction Upheld

Former Mayor John Bencivengo’s conviction has been upheld by the U.S. Court of Appeals for the Third Circuit. The court ruled that a town official can be convicted for taking bribes to guide school board contracts. This is true even if the official cannot make good on his promises –

Schools Receive Guidance in Addressing Sexual Violence

In 2011, the U.S. Department of Education’s Office for Civil Rights (OCR) released guidance for universities and public schools in addressing sexual violence and other forms of sex discrimination under Title IX of the Education Amendments of 1972. On April 29, 2014, the OCR issued further guidance in the form