Year: 2019

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

In Blake Gardens, LLC v. State of New Jersey, U.S. District Judge Peter Sheridan of the District of New Jersey struck down a New Jersey law that reclassified Alzheimer’s residences as health care facilities and placed them under the jurisdiction of the Department of Health (DOH). The law, New Jersey P.L. 2015 c.

Successfully Incorporating Mental Health into New Jersey Schools

Successfully Incorporating Mental Health into New Jersey Schools

Over the past decade, students aged 12-17 have experienced a 59 percent increase in depression and emotional disorders. In light of that, it is increasingly important for New Jersey schools to take a proactive approach to mental health. Under a new law, New Jersey schools must incorporate mental health into

Megan's Law

NJ Supreme Court Rejects Retroactive Application of Megan’s Law

In the Matter of Registrant, G.H. and G.A., (A-38-18/081737)(Decided October 29, 2019), the Supreme Court of New Jersey held that a provision of Megan’s Law that requires some sex offenders to register for life does not apply retroactively. Facts of Matter of Registrant, G.H. and G.A. Registrants G.H. and G.A.

NJ-Supreme-Court-Considers-Admissibility-of-DRE-Evidence

NJ Supreme Court Considers Admissibility of DRE Evidence

The New Jersey Supreme Court recently heard oral arguments in a case concerning what type of evidence is admissible to show that a defendant was under the influence of narcotics while driving, specifically the admissibility of drug recognition expert (DRE) testimony. The court’s decision in State v. Michael Olenowski is likely

Third Circuit Rules NJIT Liable for Attorneys’ Fees under OPRA

The Third Circuit Court of Appeals recently held in Golden v. New Jersey Inst. of Tech. that an author was wrongly denied fees under the New Jersey Open Public Records Act (“OPRA”). According to the appeals court, although the fact that the Federal Bureau of Investigation (“FBI”) directed the New Jersey

Dark Money

Federal Court Enjoins New Jersey Dark Money Law

U.S. District Judge Brian Martinotti recently issued a preliminary injunction in Americans for Prosperity v. Grewal. The order halts the implementation of Senate Bill No. 150, which is often referred to as New Jersey’s dark money law. In support of his decision, Judge Martinotti cited “the likely unconstitutional reach of the