Author: Krystle Nova

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Municipal Ordinances for Handicapped Parking Spaces

A New Jersey appeals court recently addressed whether municipalities can charge fees for designated handicapped parking spaces on residential streets. In Dial Inc. v. City of Passaic, the Appellate Division of the New Jersey Superior Court upheld an ordinance that imposes an annual fee of $50 for a disabled person

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court: Affidavit of Merit Not Required for Malicious Use of Process Claim

In a recent decision, the Appellate Division of the New Jersey Superior Court held that the plaintiff was not required to provide an affidavit of merit in order to sustain a malicious use of process action because it is an intentional tort requiring proof of malice and not a deviation

NJ Court Rules Variance Condition Discriminated Against Renters

Proposed NJ Bill Reinstates Municipal Authority to License Property Rentals

New Jersey lawmakers are currently considering legislation that would expand municipal authority to license rental of real property. Assemblyman John Burzichelli proposed the bill (A-4764) in the wake of the Appellate Division’s recent decision in Timber Glen v. Township of Hamilton.  As previously discussed on this blog, the Appellate Division

New Jersey Passes Bill to Tax Short-Term Rentals

Jersey City Proposes Ordinance Authorizing Airbnb Rentals

Jersey City has become the first New Jersey municipality to formally sanction the home-sharing platform, Airbnb, which is banned from many metropolitan areas, including New York City. Under an agreement reached with the short-term rental company, Airbnb will charge and collect the standard hotel tax on their rentals in the

New Jersey Voters to Decide Library Funding Question

Rutgers University Wins OPRA Appeal

Rutgers University recently prevailed in a lawsuit alleging violations of the Open Public Records Act and the common law right of access. The Appellate Division’s decision in Academy Express LLC v. Rutgers, The State Univ. highlights the confusion that can arise when OPRA challenges become entangled with public contract disputes.

NJ Appeals Court Strikes Down Residential Apartment Licensing Ordinance

In Timber Glen Phase III, LLC v. Township of Hamilton, the Appellate Division of the New Jersey Superior Court addressed the authority of municipalities to license residential rental properties. The appeals court ultimately concluded that the ordinance, which required the registration and licensing of apartment units, fell outside the authority

New Law Regarding Snow Removal From Fire Hydrants

As we enjoy the last weeks of summer, the Farmer’s Almanac is predicting another cold and snowy winter for New Jersey. To help ensure that fire hydrants stay clear of snow and can be quickly accessed by emergency responders, Gov. Chris Christie recently signed a law that will authorize municipalities

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

NJ Court Awards $280K in Sanctions and Fees in SLAPP Litigation

A Hudson County Superior Court judge recently awarded more than $280,000 in attorneys’ fees and sanctions in a defamation lawsuit against three Hoboken bloggers. The decision in Bajardi v. Pincus highlights the costly consequences of filing a frivolous SLAPP (Strategic Lawsuits Against Public Participation) suit, which can often be used