Month: June 2019

NJ Supreme Court Narrows Keyport Decision

Legislation Clarifies Standard for Sex Abuse Suits Against Public Entities

The New Jersey Legislature is advancing a bill that clarifies the standard for liability in sexual abuse lawsuits against public entities and public employees. Senate Bill 3739 aims to address the confusion created by recently enacted Senate Bill 477, which extended the statute of limitations for civil sexual abuse claims. The new standards are

Appellate Division Upholds Township’s Billboard Approval

In Estee Vineyards, Inc. v. Cranbury Twp. Planning Bd., the Appellate Division upheld a planning board’s approval of a billboard along the New Jersey Turnpike. According to the appeals court, because the billboard was a permitted use under the zoning ordinance, the Cranbury Township Planning Board (Board) couldn’t deny the billboard

New Jersey Supreme Court Rules Fraud Claims Must be Resolved Via Arbitration

In Goffe v. Foulke Management Corp., (A-3/4-18/081258) (Decided June 5, 2019),the Supreme Court of New Jersey held that fraud claims regarding car dealership agreements must be resolved in arbitration. As emphasized by the court, U.S. Supreme Court precedent does not permit threshold issues about overall contract validity to be resolved by

New Jersey Senate Committee Advances PILOT Legislation

The New Jersey Senate is currently considering legislation that would impose new obligations on municipalities that grant long-term tax exemptions. Under the proposed bill, municipalities would be required to share funds collected under payment-in-lieu-of-taxes (PILOT) agreements with school districts. As we have previously discussed on the Scarinci Hollenbeck Government & Law

New Jersey Court Clarifies Veteran Property Tax Exemption

Appellate Division Clarifies Veteran Property Tax Exemption

In Pruent-Stevens v. Township of Toms River, the Appellate Division of the New Jersey Superior Court addressed the eligibility for the veteran’s property tax exemption under N.J.S.A. 54:4-3.30. The appeals court reversed the New Jersey Tax Court in holding that once a widow/widower remarries they permanentlylose their eligibility for the disabled veterans property

New York Overdose

New Jersey Supreme Court Rules State Lacked Jurisdiction to Prosecute New York Overdose

In State v. Noel Ferguson, the Supreme Court of New Jersey held thatNew Jersey lacked territorial jurisdiction to prosecute three defendants for a drug-induced death that occurred in New York. While New Jersey criminalizes illicitly distributing drugs that cause death to the user as a strict-liability offense, New York does