Author: Gary S. Cucchiara


NJ Supreme Court Overturns Variance Denial

The Supreme Court of New Jersey recently ruled in the case of Ten Stary Dom Partnership v. Mauro, that the Borough of Bay Head’s planning board improperly denied a landowner’s request for a bulk zoning variance to build a one family home.  The Court found that the board placed too

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Court Cautions Against Inflexible Application of New Jersey Election Laws

A recent Appellate Division decision reinforces that municipalities need not always rigidly enforce New Jersey election laws. As specifically highlighted by the court, such laws should be “relaxed where enforcement of the right of choice in the election process is unreasonably thwarted.” The Facts of the Case Regalado v. Curling involved

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Redevelopment Legislation Advances in NJ Senate

New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191

Appeals Court Approves Gov. Christie’s Veto of Racing Commission

The Appellate Division has sided with New Jersey Gov. Chris Christie and his decision to veto the minutes of the state’s Racing Commission, which would have approved the distribution of $15 million to augment “purse monies” at New Jersey horse tracks. The veto was challenged by the Thoroughbred Breeders’ Association

Tips for New Jersey Municipalities Managing Hurricane Sandy Charitable Contributions

In the wake of Hurricane Sandy, New Jersey has a lot of rebuilding to do. However, the storm has also brought people together. In fact, many New Jersey municipalities have been overwhelmed by charitable contributions intended for storm victims. To ensure funds are properly distributed, the New Jersey Department of

Update: Court Rules Rutgers Open Meeting Law Violations Not Actionable

The New Jersey Supreme Court recently ruled that violations of the state’s Open Public Meetings Act (OPMA) by Rutgers University are not actionable. While the court acknowledged that the university’s Board of Governors did not fully comply with the letter of the law, it held that the minor violations did