The Appellate Division has addressed the appraisal and good faith negotiation obligations of a condemning authority under N.J.S.A. 20:3-6. In County of Morris v. Randolph Town Center Associates, L.P., the court held that the County of Morris made a fair offer and attempted to initiate bona-fide negotiations, despite the property
The Appellate Division recently addressed when New Jersey planning boards must grant exceptions from the requirements for site plan approval under N.J.S.A. 40:55D-51(b). In White Castle System Inc. v. Planning Board of the Township of Middletown, the appeals court held that the Planning Board of the Township of Middletown (the
In Grabowsky v. Twp. of Montclair, the Supreme Court of New Jersey held that municipal officials could be disqualified from voting on redevelopment matters if they belong to organizations that may be impacted by the project. Under the newly established conflict of interest rule, when a public official serves in
The Appellate Division recently upheld a decision by the Board of Public Utilities (BPU) to reject an application to build a wind farm off the coast of New Jersey. The case is In re Petition of Fishermen’s Atlantic City Windfarm LLC. The Legal Background In 2010, Gov. Chris Christie signed
A New Jersey district judge recently dismissed part of a lawsuit filed by the Borough of Paulsboro in the wake of a 2012 train derailment and subsequent chemical spill. The federal court held, on a motion to dismiss under FRCP 12(b) (6), that the borough had failed to plead facts
A New Jersey appeals court recently addressed when police officers are entitled to reimbursement of attorney’s fees and costs pursuant to N.J.S.A. 40A:14-155. Under the statute, attorneys’ fees are awarded to a police officer who obtains a dismissal of disciplinary charges filed against him, provided that the disciplinary charges “aris[e]
A New Jersey appeals court recently addressed a municipality’s solid waste collection obligations under N.J.S.A. 40:66-1.3(a). In Kiejdan Family LLC v. Borough of Woodbine, the court held that the borough’s policy of requiring curbside pickup from a multifamily apartment complex, rather than providing reimbursement for such services, was arbitrary and
Legislation is advancing through the New Jersey Senate that aims to facilitate private financing of water conservation, storm shelter construction, and flood and hurricane resistance projects through the use of voluntary special assessments. The State Assembly has passed the bill; it has since been reviewed and reported out by the
