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
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
