In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of
New Jersey municipalities often retain more than one attorney to handle their legal matters. In a recent decision, a New Jersey court confirmed that the attorneys should be able to confidentially share information. In 297 Palisades Urban Renewal v. Borough of Bogota, the court specifically held that communications between recused
The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent
Recently proposed legislation could reduce the legal costs of New Jersey municipalities. Assembly Bill Number 2997 would eliminate awards of punitive damages against municipalities as well as employees of municipalities acting within the scope or under color of their office, employment, or agency. In a civil lawsuit, compensatory damages are
A California superior court judge made headlines earlier this month when he struck down several of the state’s teacher tenure laws as unconstitutional. Vegara v. California found that the state’s tenure laws deprived students of their right to education as guaranteed by the State constitution and violated their civil
A recent decision by the Appellate Division of the New Jersey Superior Court sheds light on the separation of powers between the county executive and board of freeholders in a county executive form of government. In Donovan v. Bergen County Board of Chosen Freeholders, the appeals court specifically considered (1)
Aristotle said that man is a political animal. Benjamin Barber, on the other hand, says man is an urban animal. With over 78% of the western world living in cities, Barber suggests that since there are scores of international, inter-city, and cross-border city based institutions that are working together to
Former Mayor John Bencivengo’s conviction has been upheld by the U.S. Court of Appeals for the Third Circuit. The court ruled that a town official can be convicted for taking bribes to guide school board contracts. This is true even if the official cannot make good on his promises –
