Month: September 2015

Kaminskas

NJ Supreme Court Sends Critics of Camden’s Police Regionalization Back to the Drawing Board

Last month, the Supreme Court of New Jersey held in Redd v. Bowman that challengers to the City of Camden’s decision to regionalize its police force proposed a valid ordinance to maintain the existing police structure. However, the state’s highest court ultimately concluded that the related referendum petition could not

NJ Appeals Court Strikes Down Residential Apartment Licensing Ordinance

In Timber Glen Phase III, LLC v. Township of Hamilton, the Appellate Division of the New Jersey Superior Court addressed the authority of municipalities to license residential rental properties. The appeals court ultimately concluded that the ordinance, which required the registration and licensing of apartment units, fell outside the authority

Jersey City Updates Tax Abatement Policy and Procedures

Jersey City Updates Tax Abatement Policy and Procedures

Jersey City Mayor Stephen Fulop recently announced several key changes to the municipality’s tax abatement policy. The changes are part of Jersey City’s new comprehensive housing policy and are intended to ensure that all areas of the city benefit from the area’s rapid growth and development. In 2013, Mayor Fulop

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

By a vote of 2-1, the Third Circuit Court of Appeals recently held in Munroe v. Central Bucks School District that a Pennsylvania teacher’s anti-student blog posts were not protected under the First Amendment’s free speech guarantee. According to the appeals court, the teacher’s speech did not rise to the

Changes to NJ Environmental Infrastructure Trust Financing Program

Changes to NJ Environmental Infrastructure Trust Financing Program

On August 25, 2015, Gov. Chris Christie signed into law legislation (Assembly Bill No. 4527) that makes several important changes to the Environmental Infrastructure Trust Financing Program. The changes took effect immediately. The statute, P.L. 2015, c. 160, specifically extends the possible term of bonds, notes, or other obligations of

Conflicts of Interests Pose Legal Concerns for NJ Municipalities

Conflicts of Interests Pose Legal Concerns for NJ Municipalities

In Matula v. Township of Berkley Heights, the Appellate Division refused to dismiss a suit alleging that conflicts of interest prevented a planning board and township council from passing resolutions related a potential property exchange between the township and local church. The majority of members of the Board and Township

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

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

The implications of the U.S. Supreme Court’s decision in Reed v. Gilbert are already be felt by municipalities across the country and not just with respect to sign ordinances. The Seventh Circuit Court of Appeals recently relied on the Court’s decision to strike down a panhandling ordinance. The Legal Background

Proposed Bill Codifies NJ’s Leave Donation Policy

NJ Appeals Court Defines “Agenda” Under OPMA

In Opderbeck v. Midland Park Board of Education, the Appellate Division of the New Jersey Superior Court addressed the requirements for an agenda subject to the New Jersey Open Public Meetings Act (OPMA). The appeals court overturned a trial court decision holding that a school board’s bare-bones agenda violated the