Month: September 2016

NJ Supreme Court Overturns Digital Billboard Ban

The Supreme Court of New Jersey recently struck down a municipal ban of digital billboards. In its decision in  E&J Equities v. Board of Adjustment of Franklin Township, the state’s highest court held that the ordinance was unconstitutional under both the United States and New Jersey constitutions.  The Facts of

NJ Appeals Court Affirms Broad Power of State Comptroller

NJ Senate Passes Long Term Tax Exemption Bill

The New Jersey Senate recently passed legislation that would make significant changes to the state’s long term tax exemption law. Notably, the bill would require applicants and municipalities to prepare cost-benefit analyses regarding the impact of a proposed long term property tax exemption. The bill (S-1991) would specifically require a

Third Circuit Addresses School Board’s Liability for Sexual Harassment

New Jersey Supreme Court to Consider Gap-Period Obligation

The Supreme Court of New Jersey has agreed to consider whether municipal affordable housing obligations include a “separate and discrete” gap-period obligation from 1999 through 2015, when the various “growth share” regulations were repeatedly invalidated by the courts. The Supreme Court is scheduled to hear the case by the end

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

In McCormick v. the State of New Jersey, the Appellate Division considered whether a personal injury plaintiff can avoid the need to obtain an affidavit of merit (AOM) by suing only the public entity and not the licensed professionals. The appeals court ultimately concluded that such circumvention of the AOM

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

NJ Appeals Court Approves Use of “Glomar Response” to OPRA Requests

The Appellate Division of the New Jersey Superior Court recently held that government agencies are entitled to “neither confirm nor deny” the existence of public records requested under the New Jersey Open Public Records Act (OPRA). While the federal government frequently relies on the so-called “Glomar response,” this is the

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Chris Christie recently conditionally vetoed legislation to extend the Urban Enterprise Zone (UEZ) designation in several New Jersey municipalities. Citing the “UEZ program’s lack of demonstrable success,” Gov. Christie stated that he could not support extending it and made extensive recommendations for reconsideration. As we have previously discussed on

Gov. Christie Signs Electronic Payments Bill into Law

Gov. Christie Signs Electronic Payments Bill into Law

Gov. Chris Christie recently signed a bill into law that will make it easier and cheaper for New Jersey municipalities to process electronic payments. The bill, Assembly Bill No. 3851, authorizes certain local units to adopt policies for the payment of certain claims through the use of standard electronic funds

Proposed NJ Bill Bans Third Party Tax Appeals

NJ Tax Court Holds PILOT Payments Don’t Constitute Property Taxes

In Kenneth M. Ruskowski v. Director, Division of Taxation, the Tax Court of New Jersey held that the plaintiff’s in lieu tax payments (PILOT payments) did not constitute “property taxes,” as the term is defined under N.J.S.A. 54:4-8.67. Accordingly, the court ruled that the Director of the Division of Taxation