Month: June 2016

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

The Appellate Division of the New Jersey Superior Court recently addressed when public employees can be required to forfeit their pensions due to dishonorable service. In Hollander v. Bd. of Trustees of the Police & Firemen’s Ret. Sys., the appeals court held that a former corrections officer should not be

Proposed Bill Applies Local Bid Threshold to Pay to Play and Prevailing Wage Laws

New Jersey lawmakers are currently considering a bill that would coordinate the threshold dollar amounts under the state’s local public contract bid, pay to play, and prevailing wage laws. The legislation aims to make it easier for small, local businesses to contract with New Jersey municipalities and counties.  Under current

Public bidding

Urban Enterprise Zone Bills Advancing in NJ Assembly

Two bills intended to strengthen the Urban Enterprise Zone (UEZ) are advancing in the New Jersey Assembly. One measure addresses urban enterprise zone sales tax revenues, while the other extends the UEZ designation in all qualifying municipalities for additional 10 years. New Jersey’s Urban Enterprise (UEZ) Program, which dates back

NJ Tax Court Rules Manhattan Views Aren’t “Unique” for Tax Assessment Purposes

NJ Tax Court Rules Manhattan Views Aren’t “Unique” for Tax Assessment Purposes

In a recent decision, the Tax Court of New Jersey clarified when municipalities may use the cost approach to value properties. In Palisadium Management Corp. v. Borough of Cliffside Park, the court rejected the Borough’s argument that the property’s views of the Manhattan skyline rendered it “unique.” The Facts of

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Court Rejects Municipality’s Attempt to Modify Affordable Housing Plan

A New Jersey Court recently considered the reach of New Jersey’s Uniform Housing and Affordability Controls (N.J.A.C. 5:80-26.1 to -26.26) (UHAC). The affordable housing case involved whether and to what extent a municipality may unilaterally extend the thirty-year deed restrictions regulating the resale and rental prices of certain affordable housing

Gov. Christie Vetoes Airbnb Bill to Tax Short-Term Rentals

Can Non-New Jersey Residents Pursue OPRA Violations?

A New Jersey Superior Court judge recently addressed whether a non-resident of New Jersey has standing to bring actions to enforce the state’s Open Public Records Act. In Scheeler v. Ocean County Prosecutor’s Office, Judge Judge Mark A. Troncone rejected the standing defense raised by the Ocean County Prosecutor’s Office.

Proposed Legislation Requires Prevailing Wage for PILOT Projects

New Jersey lawmakers are currently considering legislation that would require developers to pay the prevailing wage for public work on properties receiving tax abatements or exemptions. The Assembly Labor Committee recently advanced Assembly Bill No. 3435, which will now go before the full Assembly. As we have previously discussed on

Affordable Housing Legislation Addresses COAH “Gap” Period

Affordable Housing Legislation Addresses COAH “Gap” Period

Legislation is currently pending in the New Jersey Senate and Assembly that would clarify municipal affordable housing obligations. The proposed bills clarify that such obligations should only reflect present and prospective need. As previously discussed on the Scarinci Hollenbeck Government & Law Blog, an Ocean County Superior Court Judge recently