Year: 2015

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

NJ Appeals Court Addresses Authority of Freeholder Board to Approve Transfer Stations

In Walker v. Board of Chosen Freeholders of the County of Burlington, the Appellate Division of the New Jersey Superior Court recently upheld the decision of the Burlington County Board of Chosen Freeholders to deny an application to operate a solid waste transfer station and material recovery facility. The decision

NJ Supreme Court Narrows Keyport Decision

Court Rules Hamilton Township Zoning Board Not Biased Against Strip Club

A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.

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

New Brunswick to Revise Anti-Panhandling Ordinances After Legal Challenge

The City of New Brunswick recently settled a lawsuit challenging two ordinances intended to restrict panhandling. One ordinance required a permit to solicit charitable contributions, while the other made it unlawful to beg or solicit food or monies on any street or sidewalk within the city. The plaintiff, a homeless

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

Municipalities located in the New Jersey Meadowlands District have a big decision to make. Under recent legislation combining the New Jersey Meadowlands Commission (“NJMC”) with the New Jersey Sports and Exposition Authority, cities and towns have the option to reclaim the authority to administer land-use application. Pursuant to the Hackensack

NJ Appeals Court Affirms Broad Power of State Comptroller

Is Your Municipal Budget “User Friendly?”

The Local Finance Board of the Division of Local Government Services (DLGS) recently adopted N.J.A.C. 5:30-3.8, which requires New Jersey municipalities to incorporate a user-friendly budget into all introduced (approved) and adopted annual municipal budgets. The goal is to increase the financial transparency of local government and enhance everyday citizens’

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appeals Court: Refusal to Implement Final PFRS Board of Trustees Determination Is Ultra Vires

A New Jersey appeals court recently decided a case involving nine appeals filed by five municipalities and four police and firefighter unions. While traditionally on opposite sides of labor disputes, the plaintiffs all challenged the Acting Director of the Division of Pensions and Benefits’ decision to refuse to implement the

New Jersey Voters to Decide Library Funding Question

NJ Appeals Court Bars Seizure of COAH Funds

The saga involving New Jersey’s Council on Affordable (COAH) has yet another chapter. The Appellate Division recently enjoined he seizure of any trust funds by COAH or the executive branch. It further held in In Re Failure of the Council of Affordable Housing Trust Fund Commitment Regulations that the courts

indemnification

NJ Supreme Court Addresses Indemnification of School Employees

The Supreme Court of New Jersey recently addressed whether N.J.S.A. 18A:16-6 entitles a school board employee to indemnification for attorney fees and costs spent in defense of a civil action arising from the same allegations contained in a dismissed criminal indictment. In L.A. v. Board of Education of the City