Month: October 2014

SCOTUS Won’t Hear Public School Teacher’s First Amendment Case

Municipal Ordinance Governing Hotel Records at Center of U.S. Supreme Court Case

The U.S. Supreme Court recently agreed to consider a case involving a municipal ordinance authorizing law enforcement to inspect hotel guest registries without obtaining a warrant. The ordinance at issue was passed by the City of Los Angeles; however, more than 70 other states, counties, and cities across the country

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court Rules Communications Between Recused Municipal Lawyer and Substitute Counsel Are Privileged

New Jersey municipalities often retain more than one attorney to handle their legal matters. In a recent decision, a New Jersey court confirmed that the attorneys should be able to confidentially share information. In 297 Palisades Urban Renewal v. Borough of Bogota, the court specifically held that communications between recused

NJ Judge Rules Police Dash Cam Videos Subject to OPRA

NJ Judge Rules Police Dashboard Camera Videos Subject to OPRA

A New Jersey judge recently ruled that videos recorded by police dashboard cameras are subject to New Jersey’s Open Public Records Act (OPRA). The decision is expected to have wide implications, particularly given that Gov. Chris Christie recently signed a new law that will require that certain police vehicles be

NJ Senate Passes Bill Requiring Public Disclosure of Bidders’ List

Appellate Division Rules that Courts Can’t Rewrite Initiative Petitions

In a matter of first impression, the Appellate Division of the New Jersey Superior Court ruled that in a pre-election challenge courts do not have the authority to remove a problematic provision from a proposed law and order that it be placed on the ballot, even when it contained a

New Jersey Bill to Require Text-to-911 Services Advances

New Jersey Bill to Require Text-to-911 Services Advances

The ability to send a text message to summon emergency services could potentially save thousands of lives. However, it is not yet a reality in most parts of the country because enabling text-to-911 requires dispatch centers to overhaul their technology. On the national level, the Federal Communications Commission (FCC) is

New Jersey Police Camera Mandate Signed into Law

Last month, Gov. Chris Christie signed legislation that will require police vehicles to be equipped with mobile video recording systems. While this new mandate may help greatly in cases of alleged police misconduct, many municipalities are understandably concerned about the potential costs and privacy concerns generated by the new law. 

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

In Hidden Lake Area Homeowners Association v. Township of North Brunswick, the Appellate Division of the New Jersey Superior Court found that the North Brunswick zoning officer incorrectly determined that the construction of a fence was allowed. Accordingly, his approval of the permit was ultra vires. The Facts of the