The New Jersey Open Public Meeting Act (“OPMA”) does not contain a fee-shifting provision that would allow a plaintiff who brings a successful enforcement action to recover his/her legal costs. However, an ongoing OPMA lawsuit is relying on a novel legal theory to recover counsel fees under the fee-shifting provision contained
The U.S. Supreme Court is poised to decide whether federal agencies can challenge patents under the America Invents Act (“AIA”). The case, Return Mail Inc. v. United States Postal Service, centers on whether the government qualifies as a “person” who may petition to institute review proceedings under the AIA. Legal
Gov. Phil Murphy recently signed legislation into law that extends the New Jersey Prompt Payment Act to include local governments, school boards and independent authorities. The law, which already applies to state government agencies, aims to ensure the prompt payment of public contracts for the purchase of goods and services and
Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause. Facts of the Case In 2002, the
In August, Gov. Phil Murphy signed legislation into law that authorizes New Jersey counties to alter the real property assessment calendar, provided the relevant county board of taxation approves. The new law (formerly A-538/S2257) specifically allows any county to operate under the alternative real property assessment dates established in the “Real
In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by N.J.S.A. 10:4–14; and (2) to provide employees, whose
New Jersey municipalities may need to amend their local ordinances in light of recent changes made to the state’s Municipal Land Use Law (MLUL). The new law signed in January, P.L. 2017 C. 312, restricts when a municipality can require performance and maintenance guarantees from a developer. Limits on Performance
Given the stark differences in policy, the leadership change from Gov. Chris Christies election of Gov. Phil Murphy is certain to result in changes for local governments and state agencies. Since taking office, Gov. Murphy has issued ten executive orders, which tackle issues such as wind energy, equal pay, and
