Year: 2017

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

The U.S. House of Representatives recently passed the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (H.R. 3017). The legislation reauthorizes the U.S. Environmental Protection Agency’s (EPA) Brownfields Program. Basics of EPA’s Brownfield Program There are currently more than 450,000 brownfield sites in the United States. The term “brownfield

Oral Arguments Held in NJ Cases Involving Constitutionality of Church Grants

The Supreme Court of New Jersey recently held oral arguments in two cases regarding whether the New Jersey Constitution bans government agencies from giving grants to local churches. The cases are Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders and American Civil Liberties Union of New Jersey v.

New Jersey Court Clarifies Veteran Property Tax Exemption

In Pruent-Stevens v. Township of Toms River, the Tax Court of New Jersey addressed eligibility for the veteran’s property tax exemption pursuant to N.J.S.A. 54:4-3.30. It clarified that the term “widow” and “widower” defines a person and not the continued marital status of the person. Accordingly, surviving spouses of disabled

Third Circuit Addresses School Board’s Liability for Sexual Harassment

In Moody v. Atlantic City Board of Education, the Third Circuit Court of Appeals reinstated a sexual harassment suit against the Atlantic City Board of Education. The federal appeals court held that the district court erred in concluding that the alleged harasser was not the plaintiff’s supervisor. Facts of the

NJ Court Allows Limited Disclosure of Disabled Student Records

The Appellate Division of the New Jersey Superior Court has cleared the way for advocacy organizations to gain access to redacted reports detailing settlement agreements and other student records related to services provided to disabled and special needs students. Under the court’s decision, organizations must establish that they are bona

New Jersey Voters to Decide Library Funding Question

This month, New Jersey voters will decide whether to approve funding to finance capital projects at the state’s public libraries. The state has not approved new borrowing for library facilities for eight years.  As more fully discussed in a prior post, the proposed bond act authorizes the issuance of $125 million

NJ Appeals Court Enjoins City of Orange Referendum Over Deficient Interpretative Question

In City of Orange Township Board of Education v. City of Orange Township, the Appellate Division granted the City of Orange Board of Education’s application for an injunction to prevent the City of Orange from acting on a voter-approved referendum to change from a Type I to Type II school

NJ Court Clarifies When Paying Taxes on an Unowned Lot Is a “Mistake”

In Hanover Floral Co. v. East Hanover Township, the Tax Court of New Jersey held that a taxpayer’s payment of taxes on a lot that it did not actually own was a “mistake” under N.J.S.A. 54:4-54. Accordingly, the taxpayer was entitled to a refund. Facts of the Case The plaintiff,