Year: 2017

US Supreme Court Sides with Church in Grant Funding Suit

In Trinity Lutheran Church of Columbia, Inc. v. Carol S. Comer, Director, Missouri Department of Natural Resources, the U.S. Supreme Court held that the State of Missouri violated the U.S. Constitution when it denied a playground resurfacing grant to the Trinity Lutheran Church of Columbia based solely on its status

New Jersey’s Arbitration Interest Cap Set to Expire

Local governments should be aware that the two percent cap on interest arbitration awards is set to expire at the end of the year. The cap limits how much compensation arbitrators can award police and firefighters who have reached a contract negotiation impasse with New Jersey municipalities. Under existing law, any

OPRA Requestor’s Declaratory Judgement Action Deemed Moot

In Stop & Shop Supermarket Company, LLC v. County of Bergen, the Appellate Division affirmed the dismissal of a declaratory judgment action arising from a records dispute under the state’s Open Public Records Act (OPRA). Because the OPRA requestor had received the documents at issue prior to filing the suit,

NJ Appeals Court Affirms Broad Power of State Comptroller

In Larkins v. Solter, the Appellate Division recently affirmed the broad audit authority of the New Jersey Office of the State Comptroller (OSC). The appeals court held that the State Comptroller was not obligated to disclose his reasons for selecting the North Bergen District Board of Education (NBBOE) for a

NJ Assembly Committee Advances 9-1-1 Bill

The Assembly Homeland Security and State Preparedness Committee recently advanced Assembly Bill No. 1821, which would require 9-1-1 service facilities to be equipped to receive text messages within three years. To help fund the upgrades, the proposed legislation temporarily increases the 9-1-1 System and Emergency Response Fee by 10 percent. 

FCC Seeking Comments on Local Government Preemption Under Broadband Rules

The Federal Communications Commission (FCC) is currently seeking comment on whether it should enact rules to promote broadband infrastructure by preempting state and local laws that inhibit deployment.  As set forth in the FCC’s Notice of Inquiry, Section 253 of the Federal Telecommunications Act (FTA) provides that “[n]o State or

NJ Legislature Passes Bill to Tax Short-Term Rentals

The New Jersey Legislature recently passed legislation that would impose taxes on short-term rentals, or “transient space marketplaces,” like Airbnb.  The bill, Assembly Bill No. 4587, now heads to Gov. Chris Christie. According to Airbnb, approximately 6,000 New Jersey “hosts” earned more than $50 million last year.  Nonetheless, an increasing number

Supreme Court Sides With Church in Grant Funding Suit

NJ Supreme Court to Determine Constitutionality of Church Grants t

The Supreme Court of New Jersey recently agreed to consider whether the New Jersey Constitution bans a county government from giving historic preservation grants to local churches. The case is Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders.  The suit, which was brought by the Freedom From