Month: February 2016

New Tax Abatement Law Takes Effect in New Jersey

New Long Term Tax Abatement Law Takes Effect in New Jersey

Gov. Chris Christie recently signed legislation into law that imposes new requirements on municipalities that provide long term tax abatements. Most notably, cities and towns will be required to file the financial agreements required in relation to long term tax exemptions with their county finance officer and counsel, as well

Fitness for Duty Examinations Under the ADA

Fitness-for-Duty Examinations Under the ADA

In a recent decision, a New Jersey appeals court considered whether requiring a public employee to undergo a fitness-for-duty test ran afoul of the Americans with Disabilities Act (ADA). In In the Matter of Paul Williams and Township of Lakewood, the Appellate Division of the New Jersey Superior Court ultimately

NJ Appeals Court Rules Records Custodian Can’t Bring DJ Action

NJ Appeals Court Rules Records Custodians Can’t Bring DJ Action

Records custodians can’t go on the offensive when facing suit under the Open Public Records Act, according to a New Jersey appeals court. In Jeff Carter v. John Doe, the Appellate Division of the New Jersey Superior Court held that a records custodian may not bring a declaratory judgment action

NJ Appeals Court Clarifies Time of Application Rule

Levy Cap Referendum Deadlines for NJ Municipalities

New Jersey municipalities that are considering holding a public referendum to exceed either the two percent levy cap or the zero percent appropriation cap should be mindful of approaching deadlines. In a recent notice, the Division of Local Government Services (DLGS) provided guidance for scheduling elections and managing the New

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Municipal Ordinances for Handicapped Parking Spaces

A New Jersey appeals court recently addressed whether municipalities can charge fees for designated handicapped parking spaces on residential streets. In Dial Inc. v. City of Passaic, the Appellate Division of the New Jersey Superior Court upheld an ordinance that imposes an annual fee of $50 for a disabled person

Gov. Christie Signs NJDEP Waterfront Access Bill

Gov. Christie Signs NJDEP Waterfront Access Bill

New Jersey Chris Christie recently signed legislation that authorizes the New Jersey Department of Environmental Protection (NJDEP) to require public access to waterfront and adjacent shoreline as a condition of waterfront development approvals and permits issued pursuant to the Coastal Area Facility Review Act (CAFRA) and other applicable laws. The