Author: Sheri Siegelbaum

New Jersey Lawyer

Time Is of the Essence in the GRC Complaint Process

The Government Records Council is tasked with reviewing and adjudicating complaints concerning a denial of access to a government record by a records custodian under New Jersey’s Open Public Records Act. It receives an average of 281 complaints each year. In its May issue of OPRA Alert, the GRC acknowledged

SCOTUS Won’t Hear Public School Teacher’s First Amendment Case

U.S. Supreme Court Issues Key Public Records Decision

The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may

Donald Scarinci

NJ Court Clarifies Notice Requirements Under Municipal Land Use Law

The Appellate Division recently considered whether an ordinance that authorizes “health and wellness centers” and “fitness and health clubs” in two industrial zones changes the “classification” of those zones, thereby requiring compliance with the notice requirements of New Jersey’s Municipal Land Use Law. N.J.S.A. 40:55D-62.1 provides that a municipality must

New Jersey municipal law

NJ Government Officers Required to File Financial Disclosure Statements Electronically

Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers

nj ada laws

Federal Court Clarifies Standing Requirements for Bringing ADA Lawsuit

A New Jersey federal court recently rejected North Wildwood City’s attempt to dismiss a lawsuit under the American’s With Disabilities Act (ADA).  The municipality had argued that the plaintiffs lacked standing because they did not suffer an injury-in-fact. The Facts of the Case In Hamill v. North Wildwood City, two

Donald Scarinci

OPRA Decision Clarifies Exception for Proprietary Commercial or Financial Information

A recent decision by the Appellate Division clarifies the New Jersey Open Public Records Act (OPRA) exception for proprietary commercial or financial information. The case also addresses what types of materials fall within the meaning of “underwriting rules” under N.J.S.A. 17:29A-46.2(b), which states that “underwriting rules” filed by insurers “shall

NJ municipal law abandoned vehicles

Interplay Between NJ Statutes Determines Right to Auction Proceeds From Impounded Vehicles

Ever wonder what happens to abandoned vehicles that are towed away? Ultimately, many are sold at public action by New Jersey municipalities. In Sevell’s Auto Body Co., Inc. v. Borough Of Roselle Park, the Appellate Division considered whether the businesses hired to tow and store the vehicles should benefit from