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
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
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
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
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
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.
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
As the New Year begins, we will be taking a look back at the public law developments that took place in 2015. In the area of land use, there were a number of legal developments that impacted both public entities and private developers. Below is a brief recap of some
