Month: May 2015

NJ Supreme Court Decides Sewer Rights Case

NJ Supreme Court Decides Sewer Rights Case

In 388 Route 22 Readington Realty Holdings, LLC v. Township of Readington, the New Jersey Supreme Court addressed the circumstances under which a municipality may exercise its discretion to repurchase unused sewer capacity. While the state’s highest court ultimately upheld the sewer ordinance, it concluded that its blanket policy of

OPRA security footage

NJ Appeals Court Rules Municipality Must Release Security Camera Footage Under OPRA

The Appellate Division recently addressed whether a municipality must publicly disclose security video footage captured by a stationary camera in a municipal building. The decision in Patricia Gilleran v. Township of Bloomfield, highlights that technology is increasingly at the center of disputes involving the state’s Open Public Records Act. The

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Appeals Court Rules Closter Ordinance Did Not Constitute Spot Zoning

The Appellate Division recent held that the Borough of Closter did not engage in “spot zoning” when it increased the allowable square footage for commercial establishments in its business district. The Mayor and Council’s adoption of a zoning ordinance in The Great Atlantic & Pacific Tea Co. Inc. v. Borough

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

NJ Appeals Court Addresses Authority of Freeholder Board to Approve Transfer Stations

In Walker v. Board of Chosen Freeholders of the County of Burlington, the Appellate Division of the New Jersey Superior Court recently upheld the decision of the Burlington County Board of Chosen Freeholders to deny an application to operate a solid waste transfer station and material recovery facility. The decision

NJ Supreme Court Narrows Keyport Decision

Court Rules Hamilton Township Zoning Board Not Biased Against Strip Club

A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.

Supreme Court’s Reed v. Gilbert Decision Used to Strike Down Panhandling Ordinance

New Brunswick to Revise Anti-Panhandling Ordinances After Legal Challenge

The City of New Brunswick recently settled a lawsuit challenging two ordinances intended to restrict panhandling. One ordinance required a permit to solicit charitable contributions, while the other made it unlawful to beg or solicit food or monies on any street or sidewalk within the city. The plaintiff, a homeless

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

Municipalities located in the New Jersey Meadowlands District have a big decision to make. Under recent legislation combining the New Jersey Meadowlands Commission (“NJMC”) with the New Jersey Sports and Exposition Authority, cities and towns have the option to reclaim the authority to administer land-use application. Pursuant to the Hackensack

NJ Appeals Court Affirms Broad Power of State Comptroller

Is Your Municipal Budget “User Friendly?”

The Local Finance Board of the Division of Local Government Services (DLGS) recently adopted N.J.A.C. 5:30-3.8, which requires New Jersey municipalities to incorporate a user-friendly budget into all introduced (approved) and adopted annual municipal budgets. The goal is to increase the financial transparency of local government and enhance everyday citizens’