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
A New Jersey trial court recently held that the City of Wildwood’s “cap bank” ordinance, which allows the municipality to bank and utilize permitted appropriations in future years, is not subject to referendum. The case is Baltuskonis v. City of Wildwood. The Facts of the Case In 2014, the Wildwood
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
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
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
