Author: Sheri Siegelbaum

NJ Court Rules Contractors Must Disclose Subsequent Bids If They Impact Aggregate Rating

NJ Court Rules Contractors Must Disclose Subsequent Bids If They Impact Aggregate Rating

In Dobco, Inc. v. Brockwell & Carrington Contractors, Inc., the New Jersey Superior Court recently considered whether a bidder who has been adjudicated the low bidder on a particular contract must disclose as much in subsequent bid submissions if the combination of such projects would cause it to exceed its

New Law Authorizes NJ Municipalities to Pass Ordinances to Address Vacant Properties

Last summer, Governor Chris Christie signed two bills that allow New Jersey municipalities to regulate vacant and abandoned residential properties in foreclosure proceedings. Municipalities may regulate the care, maintenance, security, and upkeep of these properties. As previously reported on this blog, P.L. 2014 c. 5, which took effect on July

SCOTUS to Decide If the Government Can Challenge Patents

Year in Review: Key Decisions Impacting New Jersey Municipalities

In 2014, New Jersey state and federal courts issued several important decisions that impacted municipalities and local agencies. In case you missed our posts, below is a brief summary: Open Public Records Act: In O’Boyle v. Borough of Longport, the New Jersey Supreme Court held that the common interest rule

NJ Supreme Court Holds Security Footage Not Subject to OPRA

NJ Court Rules Municipality Must Release Security Camera Footage Under OPRA

Late last month, an Atlantic County Superior Court judge ruled that the Buena Vista Township must provide access to security camera footage of a public meeting room, pursuant to a request made under the New Jersey Open Public Records Act (OPRA). The Facts of the Case On July 29, 2014,

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Court Rules Declaratory Judgment Is Improper Means to Challenge OPRA Denial

A New Jersey court recently clarified that a plaintiff cannot utilize the Declaratory Judgment Act to seek a declaration that its rights were violated under Open Public Records Act. In The Stop & Shop Supermarket Company, LLC v. The County of Bergen, the court also held that an OPRA complaint

Municipal Holiday Displays: Spreading Cheer Without Legal Headaches

Municipal Holiday Displays: Spreading Cheer Without Legal Headaches

With the holidays around the corner, festive displays of Christmas trees, colored lights, menorahs, nativities, reindeer, and snowmen will soon be popping up across New Jersey. While private property owners can decorate as they wish, public entities must be mindful of the constitutional separation of church and state. Under the

Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

The Open Public Records Act (OPRA) continues to generate legal issues for New Jersey municipalities. In Paff v. Bergen County, the Superior Court of New Jersey held that following Attorney General’s Internal Affairs Policy and Procedures does not constitute a recognized exception to OPRA’s general requirement favoring disclosure of government

Proposed DLGS Rule Defines “Managerial Executive Employees” Under Local Government Ethics Law

COAH Fails to Adopt Third Round Regulations: What’s Next?

On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round