Month: June 2014

NJ Appeals Court Rules NJSPCA Subject to OPRA

Are New Jersey Pet Owners’ Identities Shielded Under OPRA?

The Appellate Division of the New Jersey Superior Court recently considered an issue previously decided by the Government Records Council: do the identities of pet owners fall under the privacy exception of the Open Public Records Act (OPRA)? In Bolkin v. Borough of Fairlawn, the short answer was no. However,

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

A New Jersey federal judge recently ruled that the borough of Paramus’s zoning board improperly denied Sprint Spectrum L.P. and T-Mobile USA Inc.’s application to build a wireless tower. U.S. District Judge Kevin McNulty specifically held that the municipality could not deny the application for a monopole wireless tower based

California Judge Strikes Down Teacher Tenure Laws As Unconstitutional

California Judge Strikes Down Teacher Tenure Laws As Unconstitutional

  A California superior court judge made headlines earlier this month when he struck down several of the state’s teacher tenure laws as unconstitutional.  Vegara v. California found that the state’s tenure laws deprived students of their right to education as guaranteed by the State constitution and violated their civil

NJ Court Addresses Special Service Charges Under OPRA

Under the Open Public Records Act (OPRA), custodians may impose a reasonable special service charge when fulfilling a records request that “involves an extraordinary expenditure of time and effort.” Having outside counsel review invoices to redact privileged information does not meet the criteria, according to the court’s decision in Nunnermacker

NJ Appeals Court Addresses Separation of Powers in County Executive Governments

A recent decision by the Appellate Division of the New Jersey Superior Court sheds light on the separation of powers between the county executive and board of freeholders in a county executive form of government. In Donovan v. Bergen County Board of Chosen Freeholders, the appeals court specifically considered (1)

DEP Scores Trial Victory in Day Care New Jersey Contamination Case

New Jersey’s Department of Environmental Protection (DEP) is claiming victory after a state judge ordered multiple defendants to pay $6.13 million to reimburse the agency for the costs of cleaning up mercury contamination in Franklin Township. The case, New Jersey Department of Environmental Protection v. Navillus Group, involved the site

Red Bulls Soccer Team Must Pay Property Taxes

The New York Red Bulls soccer team, owned by Austrian billionaire Dietrich Mateschitz, recently lost their case before New Jersey Superior Court. The team’s stadium is located in Harrison, New Jersey. The appeals court recently upheld the lower-court’s decision that the Red Bulls owe at least $2.8 million in 2010