In Parsells v. Board of Education of the Borough of Somerville (A-21-22/087261) (Decided June 12, 2023), the Supreme Court of New Jersey held that a Somerville teacher did not knowingly waive her tenured right to a full-time teaching position. The court further found that the Appellate Division erred by imposing
In Malanga v. Township of West Orange (A-45-21/086087) (Decided March 13, 2023), the Supreme Court of New Jersey held that the Township of West Orange improperly designated the site of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law (LRHL).
In DiMarco v. Zoning Board of Adjustment of the Borough of Edgewater and Three Y LLC, the Appellate Division of the New Jersey Superior Court ruled that a resident who lives approximately 2½ miles from a proposed development project can pursue a late lawsuit challenging a municipal zoning approval. In
Now that adult-use cannabis sales have begun in New Jersey, many municipalities and their employees are raising questions about when off-duty cannabis use is permitted. One of the most controversial issues involves off-duty cannabis use by law enforcement. While the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act protects workers
The U.S. Supreme Court continues to issue decisions impacting New Jersey municipalities. In Shurtleff v. City of Boston, 596 U. S. ____ (2022), the U.S. Supreme Court held that the city of Boston violated the First Amendment when it rejected an application to fly a Christian flag on one of
In City of Austin, Texas v. Reagan National Advertising of Austin, LLC, the U.S. Supreme Court held that the City of Austin’s sign ordinance, which regulates “off-premises” signs more strictly than “on-premises” signs, was facially content-neutral. Accordingly, the Court remanded the case to the lower court to apply intermediate rather than
A Model Statewide Municipal Electric Vehicle (EV) Ordinance is now in effect throughout New Jersey. The ordinance was mandated under a new law, S-3223 (P.L.2021, c.171), requiring that Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready parking spaces be designated as a permitted accessory use in all zoning or use districts in New Jersey. The
The New Jersey Department of Environmental Protection (NJDEP) recently released the Resilient NJ: Local Planning for Climate Change Toolkit… The New Jersey Department of Environmental Protection (NJDEP) recently released the Resilient NJ: Local Planning for Climate Change Toolkit. It is designed to help municipal and county governments address climate change through sustainable