In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay
In AvalonBay Communities, Inc. v. Township of South Brunswick Zoning Board of Adjustment, the Appellate Division held that the South Brunswick Zoning Board of Adjustment (Board) properly denied a developer’s application for a use variance. The appeals court agreed that AvalonBay Communities, Inc. (Avalon Bay) had failed to provide any
New Jersey’s leave donation policy could soon become state law. The state Senate recently approved legislation that would allow state employees to donate their unused sick or vacation leave time to co-workers who may need it. “This bill codifies a process that allows state employees to help one another by
In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal
In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by N.J.S.A. 10:4–14; and (2) to provide employees, whose
The U.S. Supreme Court dealt a crushing blow to the country’s public unions in Janus v. American Federation of State, County, and Municipal Employees, Council 31. By a vote of 5-4, the Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The Court also expressly overruled
In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation. Legal Background N.J.S.A. 40:55D-68 authorizes the restoration
New Jersey lawmakers are currently considering legislation that would increase oversight over local tax abatement agreements. Senate Bill 1701 aims increase transparency regarding payments in lieu of taxes (PILOTs), particularly with respect to how they impact school funding. As previously discussed in the Scarinci Hollenbeck Government & Law Blog, many New
