In Minke Family Trust v. Township Of Long Beach, a New Jersey court recently addressed the authority conveyed to municipalities under the Disaster Control Act (DCA). The specific question raised in the suit is whether the DCA allows a municipality to record a deed of perpetual easement against a property
New Jersey municipalities should be aware that the new law requiring traffic patrol vehicles to be equipped with cameras is now in effect. The new mandate applies to any vehicle acquired on or after March 1, 2015. The new legislation, which was signed last fall by Gov. Chris Christie, will
New Jersey lawmakers are currently considering two companion bills that would make it easier for New Jersey communities to pursue municipal consolidation. The legislation, which has bi-partisan support, recently cleared the by the Assembly State and Local Government Committee. The goal of the proposed bill (A-1739/S-316) is to increase the
Achieving the proper balance between development and the preservation of open space is a priority for many New Jersey communities. Legislation currently pending before the State Assembly would expand the use of county and municipal open space trust funds to acquire property. Current law, P.L. 1997, C. 24 (N.J.S.A. 40:12-15.1
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
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
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
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
