Author: Allison N. Zsamba

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Proposed Federal Bill Aims to Eliminate Chevron Deference

Congress is currently considering legislation that would dramatically alter administrative law by eliminating so-called “Chevron deference.” The House of Representatives passed the Separation of Powers Restoration Act of 2016 last year, and it is currently pending before the Senate Judiciary Committee. Chevron Deference Under the U.S. Supreme Court’s decision in

NJ Appeals Court: “Highest and Best Use” Must Be Legally Permissible Under Zoning Laws

“Highest and Best Use” Must Be Legally Permissible Under NJ Zoning Laws

In N.J. Transit Corp. v. Franco, the Appellate Division reversed a just compensation award of $8,150,000. It held that the owners of the condemned property failed to establish a reasonable probability that the municipality would grant the zoning changes required to develop the property for its “highest and best use.”

NJ Supreme Court Narrows Keyport Decision

Bill Seeks to Establish County-Municipal Courts in New Jersey

New Jersey lawmakers are currently considering a bill that would create a new court system in the state. Pursuant to Assembly Bill No. 3874, counties would be authorized to create county-municipal courts with limited, countywide jurisdiction.  The new type of municipal court would be established by a county governing body,

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Christie Conditionally Vetoes UEZ Bill

Gov. Chris Christie recently conditionally vetoed legislation to extend the Urban Enterprise Zone (UEZ) designation in several New Jersey municipalities. Citing the “UEZ program’s lack of demonstrable success,” Gov. Christie stated that he could not support extending it and made extensive recommendations for reconsideration. As we have previously discussed on

FAA Drone Rules Do Not Preempt Local Regulation

FAA Drone Rules Do Not Preempt Local Regulation

The Federal Aviation Administration recently finalized its rules governing non-hobbyist unmanned aviation systems (UAS), commonly known as drones. The new rules cover a broad spectrum of commercial uses for drones weighing less than 55 pounds and, of particular interest to New Jersey municipalities, do not include a federal preemption provision.

Tax Court Addresses Turnpike Authority’s Property Tax Exemption

Tax Court Addresses Turnpike Authority’s Property Tax Exemption

In N.J. Turnpike Auth. v. Twp. of Monroe, the Tax Court addressed the New Jersey Turnpike’s ability to obtain a tax exemption for property acquired pursuant to a mitigation obligation to the New Jersey Department of Environmental Protection (DEP). The Facts of the Case In connection with its project to

Changes to NJ Environmental Infrastructure Trust Financing Program

Changes to NJ Environmental Infrastructure Trust Financing Program

On August 25, 2015, Gov. Chris Christie signed into law legislation (Assembly Bill No. 4527) that makes several important changes to the Environmental Infrastructure Trust Financing Program. The changes took effect immediately. The statute, P.L. 2015, c. 160, specifically extends the possible term of bonds, notes, or other obligations of