Year: 2014

Municipal Holiday Displays: Spreading Cheer Without Legal Headaches

Municipal Holiday Displays: Spreading Cheer Without Legal Headaches

With the holidays around the corner, festive displays of Christmas trees, colored lights, menorahs, nativities, reindeer, and snowmen will soon be popping up across New Jersey. While private property owners can decorate as they wish, public entities must be mindful of the constitutional separation of church and state. Under the

New FCC Wireless Rule Limits Municipal Land Use Authority

New FCC Wireless Rule Limits Municipal Land Use Authority

On October 17, the Federal Communications Commission (FCC) approved a new rule that will dramatically limit the ability of New Jersey municipalities to regulate the expansion or modification of existing wireless communications equipment. The new FCC wireless facility siting rule includes measures to expedite the environmental and historic preservation review

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas

Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

The Open Public Records Act (OPRA) continues to generate legal issues for New Jersey municipalities. In Paff v. Bergen County, the Superior Court of New Jersey held that following Attorney General’s Internal Affairs Policy and Procedures does not constitute a recognized exception to OPRA’s general requirement favoring disclosure of government

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Appeals Court Finds City of Hoboken Erred in Applying Redevelopment Law

In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a resolution passed by the City of Hoboken because it misapplied a requirement under New Jersey’s Local Redevelopment and Housing Law (LRHL). Facts of the Case The dispute in Neumann v. City of Hoboken concerns Resolution

Proposed DLGS Rule Defines “Managerial Executive Employees” Under Local Government Ethics Law

COAH Fails to Adopt Third Round Regulations: What’s Next?

On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round