Author: Donald Scarinci

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Court Finds Atlantic County Contract Violated Pay-to-Play Ordinance

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 FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

New FCC Wireless Rules Require NJ Municipalities to Amend Land Use Ordinances

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 for Municipal Levy Cap Referendums Quickly Approaching

Key Deadlines for Municipal Levy Cap Referendums Quickly Approaching

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

Gov. Murphy Signs NJ Voter Registration Bill

NJ Court Allows Nonbinding Referendum Question Over School Board Matter

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.

NJ Court Rules Res Judicata Did Not Bar Development Application

NJ Appeals Court Dismisses Ethics Complaint Involving Mayor’s Personal Attorney Serving as Municipal Attorney

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

NJ Supreme Court Rules Co-Op Board’s Leaflet Ban Violated Resident’s Free Speech Rights

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

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court Rules Communications Between Recused Municipal Lawyer and Substitute Counsel Are Privileged

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

NJ Supreme Court Rules Faulkner Act Violation Warrants Award of Attorneys Fees

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