William C. Sullivan, Author at Government & Law Blog

U.S. Supreme Court Resolves Key Administrative Law Issue in Telecommunications Zoning Case

On May 31, 2013April 10, 2014 By wsullivan

A recent United States Supreme Court decision clarifies a key area of administrative law while also providing telecommunications providers with potential grounds to argue that a municipality is not promptly reviewing development applications for telecommunication facilities. In City of Arlington, Texas v. Federal Communications Commission, No. 11-1545 (May 20, 2013), the

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

Categories : State GovernmentTags : New Jersey environmental regulations NJDEPLeave a comment

Appellate Division Doesn’t “Waiver” on NJDEP Rule But Invalidates Guidance

On April 12, 2013April 10, 2014 By wsullivan

The Appellate Division recently upheld regulations promulgated by the New Jersey Department of Environmental Protection (NJDEP) known as the “waiver rules.” The controversial rules allow the agency to waive compliance with environmental regulations under certain circumstances, including if it there is a conflict among regulations; if they impose an undue

NJ Appeals Court Invalidates DEP’s Public Access Rules

Categories : Land UseTags : New Jersey Land Use Law New Jersey Zoning Law1 Comment

NJ Appeals Court Rules Gutted Home Lost Grandfathered Status Under Zoning Law

On March 15, 2013April 10, 2014 By wsullivan

Many homeowners faced with damage from Superstorm Sandy may have another obstacle to rebuilding – the Municipal Land Use Law. In a recent decision, the Appellate Division held that a home in Seaside Park lost its ‘grandfathered’ non-conforming use and structure status when it was gutted for repairs. The Facts

Categories : Land UseTags : New Jersey Municipal Law New Jersey Zoning LawLeave a comment

New Jersey Municipal Ordinance Banning Digital Billboards Fails to Survive Constitutional Challenge

On February 1, 2013April 11, 2014 By wsullivan

A New Jersey company recently waged a successful constitutional challenge to a municipal zoning ordinance banning digital billboards. The trial court agreed that the ordinance impermissibly curtailed commercial speech and, thus, violated the First Amendment to the U.S. Constitution. The Facts of the Case The lawsuit centered on the proposed

Categories : Land Use Municipal Law School LawTags : New Jersey Land Use Law New Jersey School Law New Jersey Zoning LawLeave a comment

Legislation Would Change “Town and Gown” Relationship With Private Non-Profit Colleges

On September 7, 2012April 11, 2014 By wsullivan

Legislation that is currently advancing in both houses of the New Jersey Legislature would give New Jersey municipalities less control over development by private non profit colleges and universities. The bills aim to put private and public institutions on equal footing when it comes to land use approvals. Under the

Categories : State Government UncategorizedTags : Electiric bills New Jersey Government Law Scarinci Hollenbeck Solar energy William SullivanLeave a comment

New Jersey Governor and Legislature Authorize Public Entities To Use Solar Energy Generation to Offset Overall Electric Bills

On July 18, 2012April 15, 2014 By wsullivan

Legislation approved by the New Jersey Legislature on June 25, 2012 and expected to be signed by Governor Christie has removed what had been a major obstacle to the widespread installation of solar energy facilities by municipalities, school districts and other public entities. Until now, if a public entity wanted

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