Author: Donald Scarinci

Unemployed Volunteer Firefighter Entitled to Disability Benefits

In Kocanowski v. Township of Bridgewater, (A-55-17/080510) (Decided February 19, 2019), the Supreme Court of New Jersey held that the lack of outside employment did not disqualify a volunteer firefighter from receiving disability benefits. According to the court, N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing

New Jersey Supreme Court Rules AG Not Required to Indemnify County Police Officers

In Kaminskas v. State (NJ, 2019) the Supreme Court of New Jersey held that each county — not the Attorney General — is responsible for defending and potentially indemnifying its police officers. The court’s decision was unanimous. Legal Background  The New Jersey Tort Claims Act governs the defense and indemnification

OPMA

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

In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by     N.J.S.A. 10:4–14; and (2) to provide employees, whose

U.S. Supreme Court Issues Key Redistricting Decision

U.S. Supreme Court Issues Key Redistricting Decision

In Evenwel v. Abbott, the U.S. Supreme Court unanimously held that a state or locality may draw its legislative districts based on total population. The landmark redistricting case is the first to define the Constitutional principle of “one person, one vote,” which requires jurisdictions to design legislative districts with equal

NJ Supreme Court Narrows Keyport Decision

Court Rules Hamilton Township Zoning Board Not Biased Against Strip Club

A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.

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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