Month: July 2022

NJ Supreme Court Holds City Council Required to Fill Vacant Seat Under Municipal Vacancy Law

In Linden Democratic Committee v. City of Linden (A-30-21/086255) (Decided July 6, 2022), the Supreme Court of New Jersey clarified the state’s Municipal Vacancy Law. It held that the New Jersey Legislature’s 1990 amendments removed a governing body’s discretion to keep vacant a seat previously occupied by a nominee of

NJ Supreme Court Rules “High Crime Area” Didn’t Justify Investigative Stop

In State v. Nazier D. Goldsmith (A-77-20/085636) (DecidedJuly 5, 2022), the Supreme Court of New Jersey held that the information the officers possessed at the time of the stop, which included the defendant’s presence in a “high crime area,” did not amount to specific and particularized suspicion that the defendant

NJ Supreme Court Rules Traffic Stop for Window Tint Was Unconstitutional

In State v. David L. Smith (A-4-21/085635) (Decided June 28, 2022), the Supreme Court of New Jersey held that a purported violation of N.J.S.A. 39:3-74 based on tinted windows did not justify the Trenton Police Department’s investigatory stop of a motor vehicle. The court further held that, going forward, a

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

In DiMarco v. Zoning Board of Adjustment of the Borough of Edgewater and Three Y LLC, the Appellate Division of the New Jersey Superior Court ruled that a resident who lives approximately 2½ miles from a proposed development project can pursue a late lawsuit challenging a municipal zoning approval. In