Year: 2015

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Court Finds Atlantic County Contract Violated Pay-to-Play Ordinance

In Schroeder v. County of Atlantic, a New Jersey court addressed the applicability of a local pay-to-play ordinance where the contributions in question were made to the State campaign rather than the county campaign of a current holder of county public office. The decision provides useful guidance to New Jersey

New FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

New FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

New Jersey municipalities should be aware that new rules adopted by the Federal Communications Commission (FCC) regarding wireless facilities might require amendments to local land use ordinances. Among other significant changes, the FCC’s Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies limit the discretion of local governments with

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

The Tax Court of New Jersey recently clarified the standard for determining whether a tax-exempt religious organization qualifies for a property tax exemption when the property is no longer used for worship services. The court’s decision in Borough of Hamburg v. Trustees of the Presbytery of Newton is particularly useful

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Divided NJ Supreme Court Eases Requirements for Development Area Designation

In 62-64 Main Street, LLC, et al. v. The Mayor and Council of the City of Hackensack, the Supreme Court of New Jersey held that, in most instances, a municipality need not expressly find that deteriorated conditions on a property negatively affect surrounding properties, in order to declare the deteriorated

NJ Municipal Employment Law Alert: New Criminal Records Rules Now in Effect

New Jersey municipalities should be aware that the state’s “ban the box” law went into effect on March 1, 2015. The New Jersey Opportunity to Compete Act prohibits employers from inquiring into an applicant’s criminal history during the initial employment application process. It also precludes employers from publishing job advertisements

Administration of NJ Affordable Housing Rules Goes Back to the Court

On March 10, the Supreme Court of New Jersey transferred the administration of affordable housing rules back to the courts, effectively stripping the “moribund” Council on Affordable Housing (COAH) of any power to regulate where and when affordable housing will be built in New Jersey. The much-anticipated decision opens yet

Assembly Approves NJ Environmental Infrastructure Trust Legislation

Assembly Approves NJ Environmental Infrastructure Trust Legislation

The New Jersey Assembly recently approved legislation that would require local governments and authorities to obtain a financing cost estimate from the New Jersey Environmental Infrastructure Trust (NJEIT) for certain projects. The NJEIT, which was first established in 1986, is an independent State financing authority that provides low interest-rate loans