A recent New Jersey Superior Court decision sheds lights on the appropriate date for valuing condemned property pursuant to the Eminent Domain Act of 1971. In Hoboken v. Ponte Equities, the court held that early actions by a municipality to condemn a property do not fix the date; rather, market
A New Jersey federal judge recently certified a class action lawsuit against the City of East Orange. The plaintiffs in the case are law enforcement officers who allege that the city failed to compensate them for overtime wages in accordance with the Fair Labor Standards Act (FLSA). Under the FLSA,
Gannet Co.’s lawsuit against borough of Raritan is one of the longest-running suits under New Jersey’s Open Public Record Act (OPRA). In the latest development, a special master appointed by the court has awarded the newspaper company $542,000 in legal fees. The case, which dates back to 2009, involves Raritan’s
In the past, New Jersey courts have increasingly construed requests under N.J.S.A. 54:4-34 (Chapter 91) very strictly against municipalities. The statute authorizes assessors to seek expense and income information from property owners and allows a municipality to dismiss a tax appeal if the owner fails or refuses to respond within
The Appellate Division of the New Jersey Superior Court recently considered the application of the “temporary” employee exception to the New Jersey Tenure Act. The decision in Platia v. Board of Education of the Township of Hamilton, Mercer County provides greater clarity with regard to how the exception applies to
In a recent public employment case, the Appellate Division of the New Jersey held that a municipal employee relinquished her tenure rights when she subsequently accepted a non-secretarial position. As highlighted in DiNapoli v. Board of Education of the Township of Verona, tenure rights are largely governed by statute, and
In Finkel v. Township Committee of Township of Hopewell, the Appellate Division of the New Jersey Superior Court considered the interplay between two statutes governing the timeframe for submitting municipal referendums for inclusion on a ballot. The panel concluded that municipalities must follow all applicable deadlines and declared the referendum
It is not enough to release an agenda prior to a public meeting. In order to comply with the Open Public Meetings Act (OPMA), the documents must be meaningful, according to a recent decision by a New Jersey Superior Court judge. In Opderbeck v. Midland Park Board of Education, Bergen
