A New Jersey Court recently refused to dismiss a suit against the City of Orange Board of Education alleging violations of the Open Public Meeting Act (OPMA). It found that a teacher could sustain a claim alleging that board had engaged in private discussions regarding her employment outside of the
The Appellate Division recently addressed the extent to which its previous decision in Timber Glen Phase III, LLC v. Township of Hamilton limits municipal authority to regulate residential rental properties. In State of New Jersey v. Mill Village Apartments, the Appeals Court held that inspection requirements are not de facto
The U.S. Supreme Court recently granted certiorari in Murr v. Wisconsin. This case will address how to define the term “parcel as a whole” in a regulatory taking case, a question that has divided the federal and state courts. The Facts of the Case The Murr family owns two contiguous
The Division of Local Government Services (DLGS) published an update to the guidelines for New Jersey’s “Emergency Services Volunteer Length of Service Award Program” (LOSAP). The program allows municipalities to structure financial rewards the service of fire and first aid volunteers. The program has come under scrutiny after the State
The Appellate Division recently upheld the City of Plainfield’s decision to deny a liquor license renewal. In Naicken Inc. v. Governing Body of City of Plainfield, the appeals court found that the applicant had violated all of the conditions imposed on the prior license renewal and, therefore, the municipality had
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
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
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
