Month: September 2014

NJ Appeals Court: “Highest and Best Use” Must Be Legally Permissible Under Zoning Laws

NJ Affordable Housing Update: Gov. Christie Conditionally Vetoes Moratorium on Non-Residential Development Fee

Gov. Chris Christie recently issued a conditional veto on legislation that would have retroactively reinstated and extended the moratorium on the collection of the 2.5% developer’s fee on non-residential development projects. In his veto message, the Governor called for more comprehensive reform of the Fair Housing Act and the programs

Bipartisan Legislation Will Help NJ Municipalities Protect Official Seals

Bipartisan Legislation Will Help NJ Municipalities Protect Official Seals

New Jersey municipalities may soon have legal redress when another entity uses its insignia or official seal without authorization. Bipartisan legislation is currently pending that directs the Secretary of State to promulgate rules and regulations governing the use of the seal of a local unit. As highlighted by the bill’s

Recent Decision Offers Lessons on Disability Accommodation Under NJLAD

Recent Decision Offers Lessons on Disability Accommodation Under NJLAD

Disability discrimination suits pursuant to the New Jersey Law Against Discrimination and the Americans With Disabilities Act are increasingly common. A recent decision by a New Jersey district judge highlights when employers are obligated to make reasonable accommodations. The Facts of the Case In Fronczkiewicz v. Magellan Health Services, Inc.,

Court Upholds Gov. Christie’s Appointment to Rutgers Board of Governors

Court Upholds Gov. Christie’s Appointment to Rutgers Board of Governors

The New Jersey Appellate Division recently upheld Gov. Chris Christie’s appointment of Martin Perez to the Rutgers Board of Governors, rejecting a challenge from Senate President Steve Sweeney. The Facts of the Case The New Jersey Medical and Health Sciences Education Restructuring Act (Act), which was enacted in 2012, restructured

NJ Appeals Court Upholds Municipality’s Sewer Ordinance

NJ Appeals Court Upholds Municipality’s Sewer Ordinance

The Appellate Division of the New Jersey Superior Court recently upheld a sewer ordinance enacted by the Borough of Lodi. In Arnot 40 Realty, LLC v. Borough of Lodi, the panel found that the ordinance, which significantly raised rates for non-residential sewer usage, was not arbitrary, capricious, or unreasonable. The

NJ Appeals Court Rejects Fire Chief’s Implied Contract Claim to Retirement Benefits

NJ Appeals Court Rejects Fire Chief’s Implied Contract Claim to Retirement Benefits

A New Jersey appeals court recently found that Camden’s former fire chief was not entitled to additional retirement pay based on oral promises made by city officials. In Marini v. Camden, the Appellate Division of the New Jersey Superior Court found that in the absence of written proof, such as

Matters of the Heart: NJ Schools Must Comply With New Cardiac Emergency Regulations

Matters of the Heart: NJ Schools Must Comply With New Cardiac Emergency Regulations

Students aren’t the only ones headed back to school this fall. New Jersey municipalities and school districts are learning to apply new emergency regulations. The curriculum will be: preparation to comply with two new laws intended to improve how schools respond to cardiac emergencies. The first addresses educators, coaches and

NJ Court Finds Township of Edison Wrongfully Denied Police Promotions

In two related cases, the New Jersey Superior Court’s Appellate Division recently concluded that several “lame duck” police promotions made by the former mayor of the Township of Edison were arbitrary and capricious, requiring the promotions to be set aside. The Facts of the Case The cases both resulted from