Month: May 2019

Intermittent Sentencing

New Jersey Supreme Court Opposes “Intermittent Sentencing”

In State v. Rene M. Rodriguez, the Supreme Court of New Jersey held that repeat offenders charged with operating a motor vehicle after their licenses have been suspended for driving while intoxicated (DWI) can’t serve their sentences intermittently on nights or weekends pursuant to N.J.S.A. 2C:43-2(b)(7), which allows a court

Electronic bidding

Will Online Bidding Soon Be Available for New Jersey Public Works Construction Projects?

Technology has made it easier to conduct a wide range of transactions. It could soon be used to modernize the bidding process for public works construction projects in New Jersey. The Assembly State and Local Government Committee recently advanced the Electronic Bidding Construction Act, which would require most public contracting

New Jersey Supreme Court Clarifies When Prolonged Traffic Stop Violates the Fourth Amendment

In State v. Dwight M. Nelson, (A-60-17/080159) (Decided May 8, 2019), the Supreme Court of New Jersey held that the wait for a canine unit’s arrival prolonged the defendant’s traffic stop. However, the delay was justified by independent reasonable and articulable suspicion that defendant possessed drugs and, therefore, did not

J Supreme Court Rules Monmouth University Shielded from Concert Injury Suit

NJ Supreme Court Rules Monmouth University Shielded from Concert Injury Suit

n Frances Green v. Monmouth University, (A-63-17/080612) (Decided May 7, 2019), the Supreme Court of New Jersey held that Monmouth University is entitled to charitable immunity in a lawsuit involving an injury suffered at a Martina McBride concert on campus in 2012. According to the Court, the “concert was promoting the

NJ Court Rules Variance Condition Discriminated Against Renters

NJ Court Rules Variance Condition Discriminated Against Renters

In Tirpak v. Borough of Point Pleasant Beach Bd. of Adjustment, the Appellate Division of the New Jersey Superior Court invalidated a variance provision and associated deed restriction that required one unit of a two-family dwelling to be occupied by the owner and not rented to a third-party tenant. The decision

New Jersey Senate Greenlights Main Street Assistance Program

New Jersey Senate Greenlights Main Street Assistance Program

The New Jersey Senate recently passed legislation that would establish an economic development incentive program to encourage business growth in the commercial areas of smaller municipalities. A companion bill is pending before the Assembly Commerce and Economic Development Committee. Main Street Assistance Program  Senate Bill No. 2256would establish the “Main