The Appellate Division of the Superior Court of New Jersey recently upheld an ordinance adopted by the City of Hoboken to license and regulate businesses that remove and store motor vehicles. The court held that city was well within its authority under N.J.S.A. 40:48–2.49, which outlines the aspects of towing
The Superior Court of New Jersey recently clarified the criminal investigatory records exemption under New Jersey’s Open Public Records Act. Under OPRA, a criminal investigatory record is a record “which is not required by law to be made, maintained or kept on file that is held by a law enforcement
The Appellate Division of the New Jersey Superior Court recently examined the relationship between the state’s Local Budget Law and the Faulkner Act. The Local Budget Law limits municipal budget increases to 2.5 percent of the previous year’s final appropriations or the cost-of-living adjustment, whichever is less. However, there are
In Zimmer v. Castellano and Booker v. Rice, the Appellate Division of the New Jersey Superior was asked to determine the legal effect of abstention. The specific question before the panel was whether the a city council has the authority to deem a council member’s abstention to be a “no”
Reports Show That Townships Lack of Review Allows Law Firms to Get Away With Over-billing A recent report by the Office of the State Comptroller finds that local public entities may not by adequately reviewing their legal bills. In light of this, government entities may be missing excessive fees, improperly
The Appellate Division of the New Jersey Superior Court recently ruled that the New Jersey State Firemen’s Association is a “public agency “ under the Open Public Records Act (OPRA). The case is Paff v. New Jersey State Firemen’s Association. The Facts of the Case In September 2011, the plaintiff,
In Paff v. Borough of Gibbsboro, the Appellate Division of the Superior Court considered what happens when records requested under New Jersey’s Open Public Records Act become subject to an expungement order while the request denial is pending in court. The panel ultimately concluded that the expungement statute overrides the
Cell phone towers have become the latest “not in my backyard” issue for New Jersey municipalities. In two recent cases, the New Jersey Superior Court considered whether the requirement that a cell phone carrier seek a least intrusive site from a community impact standpoint continue unabated where a municipality had
