Month: July 2014

tax court

NJ Tax Court Highlights How to Determine If Assessment Is Reasonable

In 510 Ryerson Road, Inc. v. Borough of Lincoln Park, the Tax Court of New Jersey highlighted the standard of review in Chapter 91 reasonableness hearings. In doing so, it held that an assessment that relied on the recommendations of a valuation firm was reasonable, given that the assessor performed

foreclosed properties

Municipalities Can Fine Creditors for Failing to Maintain Foreclosed Properties in NJ

New Jersey continues to see record rates of foreclosed properties. To help address the resulting neighborhood blight, municipalities now have a new tool to address abandoned  properties. Assembly Bill No. 347, which took effect on July 14, 2014, authorizes municipalities to impose penalties on creditors that fail to timely remedy

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

Senate President Stephen Sweeney, D-Gloucester, and Sen. Joseph Kyrillos, R-Monmouth, recently introduced legislation that would cap sick leave payouts for retiring municipal employees at $15,000. S-2318 would apply to sick leave accrued after the effective date of the legislation and not time that has already been banked. Existing laws impose

public employees

U.S. Supreme Court Addresses First Amendment Rights of Public Employees

New Jersey municipalities should be aware of an important U.S. Supreme Court decision addressing the expanded free speech rights of public employees. In Lane v. Franks, a unanimous Court held that the First Amendment protected a public employee when he testified truthfully about fraud in the work place pursuant to

Turnpike

NJ Turnpike Is Not Alter-Ego of State for Purposes of Tax Roll-back Exemption

The New Jersey Tax Court recently considered whether the New Jersey Turnpike Authority should be considered an alter ego of the State for the purposes of N.J.S.A. 54:4-23.8, which provides an exemption for roll-back taxes if lands are acquired by, among others, a local government unit for “recreation and conservation

OPRa guidance COVID-19

Corporations Created to Manage NJ Business Improvement Districts Covered Under OPRA

The Appellate Division recently provided further guidance regarding when quasi-public agencies are subject to the New Jersey Open Public Records Act (OPRA). In Kennedy v. Montclair Center Corporation Business Improvement District, the court held that the corporation responsible for managing Montclair’s business improvement district is subject to OPRA. The Facts

Supreme Court Cell Phone Search Decision Impacts NJ Municipalities

Supreme Court Cell Phone Search Decision Impacts NJ Municipalities

New Jersey municipalities should be aware of a key privacy decision issued by the U.S. Supreme Court late last month. The Court held that police officers must obtain a search warrant prior to reviewing a suspect’s cell phone, even if the search is incident to an arrest. In the digital

NJ Court Expands OPRA Access to Settlements Involving Public Entities

Third Circuit Wage and Hour Decision Impacts New Jersey Municipalities

The Court of Appeals for the Third Circuit recently issued a precedential wage and hour decision that will impact how New Jersey municipalities pay their police and fire personnel. In Rosano v. Township of Teaneck, the court held that the municipality properly applied the Sec. 207(k) partial overtime exemption under