Month: January 2016

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court: Affidavit of Merit Not Required for Malicious Use of Process Claim

In a recent decision, the Appellate Division of the New Jersey Superior Court held that the plaintiff was not required to provide an affidavit of merit in order to sustain a malicious use of process action because it is an intentional tort requiring proof of malice and not a deviation

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court: Settlement Agreements Properly Redacted Under OPRA

In C.G. et al v. Winslow Township Board of Education, a New Jersey court held that initials and docket numbers were properly redacted from settlement agreements under the Open Public Records Act (OPRA). The case involved the interplay of OPRA and the Family Educational Rights and Privacy Act, a federal

Proposed Legislation Would Alter New Jersey Property Tax Obligations of Non-Profit Hospitals

New Jersey lawmakers in both houses are currently considering hospital tax exemption legislation that would alter the property tax liabilities of non-profit hospitals. In the Assembly, the bill is pending before the State and Local Government Committee. The measure could go before the full Senate in the next few weeks.

NJ Appeals Court Invalidates DEP’s Public Access Rules

The Appellate Division of the New Jersey Superior Court has again invalidated the New Jersey Department of Environmental Protection’s (DEP) Public Access Rules, holding that  the agency has no authority over public access to beaches and other tidal waterways. An appeals court previously thwarted the DEP’s prior attempt at rule-making