Author: Donald Scarinci

New Law Alters Performance Guarantees under the MLUL

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

Transition Reports Offer Roadmap for New Murphy Administration

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

Understanding the Limits of “Overly Broad” OPRA Denials

A recent Appellate Division decision provides a useful discussion of how to determine when a request under the Open Public Records Act (OPRA) is “overly broad.” As highlighted in Wronko v. Township of Jackson, et al., not all blanket requests may be denied under OPRA. Facts of the Case Plaintiff

OPMA

NJ Supreme Court Leaves Door Open for DJA Involving OPRA Requests

In a recent decision, the Supreme Court of New Jersey opened the door for records custodians to go on the offensive in response to requests under the state’s Open Public Records Act (OPRA). In In the Matter of the New Jersey Firemen’s Association Obligation to Provide Relief Applications Under the

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

U.S. Supreme Court Justice Neil Gorsuch is not the only vocal critic of the Supreme Court’s 1984 decision in Chevron v. Natural Resource Defense Council. In a recent decision, a judge sitting on the Third Circuit Court of Appeals raised concerns about the appeal court’s reliance on Chevron deference to resolve an employment

Government edicts doctrine

U.S. Supreme Court Expands NJ Public Schools’ Special Education Obligations

In Endrew F. v. Douglas County School District, the U.S. Supreme Court unanimously held that public schools are responsible for providing students with disabilities education programs that are “more than de minimis.” The Court’s decision significantly expands the obligations of New Jersey public schools under the Individuals with Disabilities Education

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Appeals Court Rules OPRA Requests Subject to OPRA

In Scheeler v. Office of the Governor, the Appellate Division held that third-party requests for documents under the Open Public Records Act (OPRA) are subject to disclosure under OPRA. In so ruling, the appeals court rejected the argument that such OPRA requests lack the required specificity and would constitute an