Year: 2016

NJ Appeals Court: “Highest and Best Use” Must Be Legally Permissible Under Zoning Laws

“Highest and Best Use” Must Be Legally Permissible Under NJ Zoning Laws

In N.J. Transit Corp. v. Franco, the Appellate Division reversed a just compensation award of $8,150,000. It held that the owners of the condemned property failed to establish a reasonable probability that the municipality would grant the zoning changes required to develop the property for its “highest and best use.”

New Jersey Prompt Payment Act Extended to School Districts, Local Governments and Independent Authorities

State Governments Challenging DOL Overtime Rule

A coalition of 22 states is challenging the Department of Labor’s (DOL) new overtime rules, which are slated to take effect in December. The lawsuit is seeking preliminary and permanent injunctions declaring that the DOL’s Final Rule is unlawful.  As we previously discussed on this blog, the DOL is raising

NJ Legislature Looking to Bonds to Boost School Facilities Security

Third Circuit Rules Discrimination Claims Subject to IDEA Exhaustion Requirement

In S.D. v. Haddon Heights Board of Education, the Third Circuit Court of Appeals held that claims that a board of education discriminated against a student and his parents based on his disability, and retaliated against them for enforcing the child’s rights under various federal laws, are subject to the

NJ Supreme Court Narrows Keyport Decision

Bill Seeks to Establish County-Municipal Courts in New Jersey

New Jersey lawmakers are currently considering a bill that would create a new court system in the state. Pursuant to Assembly Bill No. 3874, counties would be authorized to create county-municipal courts with limited, countywide jurisdiction.  The new type of municipal court would be established by a county governing body,

Local Finance Notice Addresses Construction Code Fees

NJ Assembly Passes Bill in Response to TTFA Project Freeze

Pursuant to Gov. Chris Christie’s Executive Order No. 210 of 2016, all ongoing work funded by the New Jersey Transportation Trust Fund Authority (TTFA) was ordered to cease effective July 9, 2016. All over the state, contractors were forced to cease all active work and secure the projects.  The transportation

UEZ compromise

UEZ Compromise Bill Introduced in NJ Legislature

The extension of several expiring Urban Enterprise Zones (UEZs) may not be a lost cause. Compromise legislation is currently under consideration in the Assembly that would extend the designation for two years in the five municipalities where it is scheduled to expire this year.  As we have previously discussed on

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