Year: 2015

Third Circuit Addresses School Board’s Liability for Sexual Harassment

NJ Appeals Court Rejects Quid Pro Quo Allegations Against Developer and Planning Board

In Pennsgrove Associates, LP, et al. v. Carneys Point Township Planning Board, et al., the Appellate Division of the New Jersey Superior Court held that an agreement executed between a developer and planning board regarding the payment of legal fees did not amount to an unlawful quid pro quo arrangement.

Minimum Bid Threshold Increased on July 1

NJ Minimum Bid Threshold Increased on July 1

The Division of Local Government Services (DLGS) in the Department of Community Affairs recently announced several bid threshold adjustments that will impact New Jersey municipality’s award of public contracts. Unless certain exceptions apply, all contracts for the procurement of goods or services by municipalities that in the aggregate exceed the

NJ Supreme Court Sides With School Board in Whistleblower Case

In State v. Ivonne Saavedra, the Supreme Court of New Jersey held that a school board clerk could be criminally indicted for taking confidential documents from the North Bergen Board of Education. In so ruling, the court rejected the defendant’s arguments that that Quinlan v. Curtiss-Wright Corp., 204 N.J. 239

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Los Angeles v. Patel: U.S. Supreme Court Strikes Down Municipal Ordinance

In a 5-4 decision, the U.S. Supreme Court struck down a municipal ordinance enacted by the City of Los Angeles. In City of Los Angeles v. Patel, the majority held that the ordinance, which authorized police to inspect motel registration records without advance notice, violated the Fourth Amendment of the

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court Sides with Morris County in Condemnation Action

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

NJ Appeals Court Sides With Middletown in White Castle Zoning Dispute

NJ Appeals Court Sides With Middletown in White Castle Zoning Dispute

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

keyport

NJ Supreme Court Creates New Conflict of Interest Rule for Development Approvals

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

wind farm application

NJ Appeals Court Affirms BPU’s Denial of Wind Farm Application

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