In a precedential ruling, the U.S. Court of Appeals for the Third Circuit upheld a New Jersey municipality’s ordinance prohibiting billboards. The court specifically found that the total billboard ban did not violate free speech guarantees under the First Amendment to the U.S. Constitution. The Facts of the Case In
Donald Trump can now claim victory in the boardroom and the courtroom. A New Jersey appeals court recently ruled that Trump can build a helipad at his golf course in Colts Neck over the objections of the Township’s Zoning Board of Adjustment. The Facts of the Case Application of Trump
The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality
The U.S. Supreme Court recently began its October 2012 term. While issues like affirmative action, gay marriage, and voting rights are some of the most-highly anticipated issues on the docket this term, it is sometimes the lesser-known cases that really make waves. As New Jersey public law attorneys, we are
New Jersey Governor Chris Christie has signed the Permit Extension Act of 2012 into law. It extends the expiration date of certain permits and other government approvals until December 31, 2014. The goal of the bi-partisan legislation (A-1338/ S-743) is to ensure that stalled development projects can continue as the
A recent New Jersey appeals court decision may make it easier for litigants to obtain writs of mandamus against New Jersey municipalities. A mandamus is a court order directing a government official or agency to properly fulfill their official duties. The Facts of the Case In Mullen v. The Ippolito
New Jersey municipalities have now received their letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, they are refusing to go down without a fight. The most recent challenge, brought by the Fair Share Housing Center, argued that Gov.
A New Jersey appeals court has ruled that Gov. Chris Christie can seize unused affordable housing trust funds from New Jersey municipalities. However, municipalities must be given adequate notice as well as an opportunity to contest the transfer. Under current New Jersey affordable housing law, municipalities must spend money from
