February 2015 - Government & Law Blog

NJ Appeals Court Criticizes GRC and OAG Over Handling of OPRA Request Regarding NYPD Surveillance

On February 27, 2015February 23, 2015 By Sheri Siegelbaum

The Appellate Division recently issued a decision critical of the Government Records Council’s (GRC) handling of an Open Public Records Act (OPRA) request. The case, Katon v. Department of Law and Public Safety, involved records related to the Office of the Attorney General’s (OAG) investigation into intelligence-gathering conducted by the

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

Categories : Public Employment LawTags : First Amendment Retaliation lawsuit Section 1983Leave a comment

Actual Exercise of First Amendment Rights Required for Section 1983 Retaliation Claim

On February 24, 2015February 23, 2015 By cabreu

The Third Circuit Court of Appeals recently considered whether a public employee could be disciplined for his perceived exercise of First Amendment rights. In Heffernan v. City of Paterson, the appeals court held that the individual must provide some evidence that he or she actually exercised those constitutional rights in

Categories : Municipal LawTags : Municipal levy cap New Jersey referendumsLeave a comment

Key Deadlines for Municipal Levy Cap Referendums Quickly Approaching

On February 20, 2015February 17, 2015 By Donald Scarinci

Key deadlines are approaching for New Jersey municipalities, on a calendar fiscal year, that are considering holding a public referendum to exceed either the two percent levy cap or the one and a half appropriation cap. In a recent notice, the Division of Local Government Services provided guidance for managing

Categories : Land UseTags : Municipal ordinance New Jersey municipal zoning lawsLeave a comment

NJ Court Void Municipal Zoning Ordinances Over Lack of Personal Notice

On February 17, 2015February 17, 2015 By Kara Kaczynski

In Weinberger v. Township of Lakewood, Judge Vincent J. Grasso recently ruled that the Township of Lakewood’s zoning ordinances were null and void because the municipality failed to provide personal notice. While the municipality argued that it was exempt because it conducted a master plan review, the court rejected the

NJ Appeals Court Clarifies Municipality’s Authority to Regulate Volunteer Fire Company

Categories : UncategorizedTags : Municipal authority Volunteer fire companyLeave a comment

NJ Appellate Court Clarifies Municipality’s Authority to Regulate Volunteer Fire Company

On February 13, 2015February 17, 2015 By Angelo Auteri

The Appellate Division recently addressed the scope of N.J.S.A. 40A:14-68, which allows a municipality to exercise “supervision and control” over a volunteer fire company, designated as its official firefighting organization. In Newfield Fire Co. No. 1 v. Borough of Newfield, the Superior Court of New Jersey, Appellate Division upheld an

Categories : Public ContractsTags : New Jersey public bidding law New Jersey public contracts State of New Jersey Form DBC 701Leave a comment

NJ Court Rules Contractors Must Disclose Subsequent Bids If They Impact Aggregate Rating

On February 10, 2015February 17, 2015 By Sheri Siegelbaum

In Dobco, Inc. v. Brockwell & Carrington Contractors, Inc., the New Jersey Superior Court recently considered whether a bidder who has been adjudicated the low bidder on a particular contract must disclose as much in subsequent bid submissions if the combination of such projects would cause it to exceed its

Gov. Murphy Signs NJ Voter Registration Bill

Categories : Municipal Law School LawTags : New Jersey referendums NJ board of education lawsuitLeave a comment

NJ Court Allows Nonbinding Referendum Question Over School Board Matter

On February 6, 2015February 4, 2015 By Donald Scarinci

The case of Harrison Board of Education v. Netchert, which was recently approved for publication, presented what the court deemed an “interesting conundrum”: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. The court ultimately answered no.

Categories : Land Use NJ Supreme Court ReporterTags : MLUL Municipal Land Use Law New Jersey municipal zoning lawsLeave a comment

NJ Supreme Court Sides With Township Over Municipal Land Use Authority

On February 3, 2015March 18, 2019 By Patrick J. McNamara

In Griepenburg v. Township of Ocean, the Supreme Court of New Jersey addressed the power of municipalities to zone property consistent with their Master Plan and Municipal Land Use Law (MLUL) goals. In addition to finding the ordinances at issue were not were not arbitrary, capricious, or unreasonable, the court

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