By a vote of 2-1, the Third Circuit Court of Appeals recently held in Munroe v. Central Bucks School District that a Pennsylvania teacher’s anti-student blog posts were not protected under the First Amendment’s free speech guarantee. According to the appeals court, the teacher’s speech did not rise to the
The Appellate Division recently addressed whether a municipality must publicly disclose security video footage captured by a stationary camera in a municipal building. The decision in Patricia Gilleran v. Township of Bloomfield, highlights that technology is increasingly at the center of disputes involving the state’s Open Public Records Act. The
A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.
In Schroeder v. County of Atlantic, a New Jersey court addressed the applicability of a local pay-to-play ordinance where the contributions in question were made to the State campaign rather than the county campaign of a current holder of county public office. The decision provides useful guidance to New Jersey
New Jersey municipalities should be aware that new rules adopted by the Federal Communications Commission (FCC) regarding wireless facilities might require amendments to local land use ordinances. Among other significant changes, the FCC’s Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies limit the discretion of local governments with
Key deadlines are approaching for New Jersey municipalities, on a calendar fiscal year, that are considering holding a public referendum to exceed either the two percent levy cap or the one and a half appropriation cap. In a recent notice, the Division of Local Government Services provided guidance for managing
The case of Harrison Board of Education v. Netchert, which was recently approved for publication, presented what the court deemed an “interesting conundrum”: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. The court ultimately answered no.
In Scoblink-O’Neill v. Local Finance Board, the Appellate Division recently concluded that the former Mayor of the Borough of Haddon Heights did not violate New Jersey’s Local Government Ethics Law when he facilitated the appointment of his personal attorney as borough counsel. The Facts of the Case Susan Scoblink-O’Neill filed
