Month: April 2015

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court: Refusal to Implement Final PFRS Board of Trustees Determination Is Ultra Vires

A New Jersey appeals court recently decided a case involving nine appeals filed by five municipalities and four police and firefighter unions. While traditionally on opposite sides of labor disputes, the plaintiffs all challenged the Acting Director of the Division of Pensions and Benefits’ decision to refuse to implement the

New Jersey Voters to Decide Library Funding Question

NJ Appeals Court Bars Seizure of COAH Funds

The saga involving New Jersey’s Council on Affordable (COAH) has yet another chapter. The Appellate Division recently enjoined he seizure of any trust funds by COAH or the executive branch. It further held in In Re Failure of the Council of Affordable Housing Trust Fund Commitment Regulations that the courts

indemnification

NJ Supreme Court Addresses Indemnification of School Employees

The Supreme Court of New Jersey recently addressed whether N.J.S.A. 18A:16-6 entitles a school board employee to indemnification for attorney fees and costs spent in defense of a civil action arising from the same allegations contained in a dismissed criminal indictment. In L.A. v. Board of Education of the City

filing fee

Court Finds Atlantic County Contract Violated Pay-to-Play Ordinance

In Schroeder v. County of Atlantic, a New Jersey court addressed the applicability of a local pay-to-play ordinance where the contributions in question were made to the State campaign rather than the county campaign of a current holder of county public office. The decision provides useful guidance to New Jersey

New FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

New FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

New Jersey municipalities should be aware that new rules adopted by the Federal Communications Commission (FCC) regarding wireless facilities might require amendments to local land use ordinances. Among other significant changes, the FCC’s Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies limit the discretion of local governments with

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

The Tax Court of New Jersey recently clarified the standard for determining whether a tax-exempt religious organization qualifies for a property tax exemption when the property is no longer used for worship services. The court’s decision in Borough of Hamburg v. Trustees of the Presbytery of Newton is particularly useful

keyport

Divided NJ Supreme Court Eases Requirements for Development Area Designation

In 62-64 Main Street, LLC, et al. v. The Mayor and Council of the City of Hackensack, the Supreme Court of New Jersey held that, in most instances, a municipality need not expressly find that deteriorated conditions on a property negatively affect surrounding properties, in order to declare the deteriorated