Author: Kara A. Kaczynski

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas

Bipartisan Legislation Will Help NJ Municipalities Protect Official Seals

Bipartisan Legislation Will Help NJ Municipalities Protect Official Seals

New Jersey municipalities may soon have legal redress when another entity uses its insignia or official seal without authorization. Bipartisan legislation is currently pending that directs the Secretary of State to promulgate rules and regulations governing the use of the seal of a local unit. As highlighted by the bill’s

NJ Municipality to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

New Brunswick to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

The City of New Brunswick impermissibly blocked a bar owner’s efforts to open a restaurant and sports bar to be named “Buck Foston’s,” according to a New Jersey jury. It awarded plaintiff Lawrence D. Blatterfein more than $1.5 million for the violation of his First Amendment rights. The Facts of

tax court

NJ Tax Court Highlights How to Determine If Assessment Is Reasonable

In 510 Ryerson Road, Inc. v. Borough of Lincoln Park, the Tax Court of New Jersey highlighted the standard of review in Chapter 91 reasonableness hearings. In doing so, it held that an assessment that relied on the recommendations of a valuation firm was reasonable, given that the assessor performed

Turnpike

NJ Turnpike Is Not Alter-Ego of State for Purposes of Tax Roll-back Exemption

The New Jersey Tax Court recently considered whether the New Jersey Turnpike Authority should be considered an alter ego of the State for the purposes of N.J.S.A. 54:4-23.8, which provides an exemption for roll-back taxes if lands are acquired by, among others, a local government unit for “recreation and conservation

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

A New Jersey federal judge recently ruled that the borough of Paramus’s zoning board improperly denied Sprint Spectrum L.P. and T-Mobile USA Inc.’s application to build a wireless tower. U.S. District Judge Kevin McNulty specifically held that the municipality could not deny the application for a monopole wireless tower based

Red Bulls Soccer Team Must Pay Property Taxes

The New York Red Bulls soccer team, owned by Austrian billionaire Dietrich Mateschitz, recently lost their case before New Jersey Superior Court. The team’s stadium is located in Harrison, New Jersey. The appeals court recently upheld the lower-court’s decision that the Red Bulls owe at least $2.8 million in 2010

Deadlines Matter: NJ County Tax Board Wins Case Due to Untimeliness

A recent decision by the New Jersey Tax Court highlights that compliance with filing deadlines can dramatically impact the outcome of a case. In Mikhail v. Township of Howell, the court dismissed a resident’s complaint with the Monmouth County Board of Taxation for being one day late. The Facts of