Category: Municipal Law

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

In Blake Gardens, LLC v. State of New Jersey, U.S. District Judge Peter Sheridan of the District of New Jersey struck down a New Jersey law that reclassified Alzheimer’s residences as health care facilities and placed them under the jurisdiction of the Department of Health (DOH). The law, New Jersey P.L. 2015 c.

Successfully Incorporating Mental Health into New Jersey Schools

Successfully Incorporating Mental Health into New Jersey Schools

Over the past decade, students aged 12-17 have experienced a 59 percent increase in depression and emotional disorders. In light of that, it is increasingly important for New Jersey schools to take a proactive approach to mental health. Under a new law, New Jersey schools must incorporate mental health into

Third Circuit Rules NJIT Liable for Attorneys’ Fees under OPRA

The Third Circuit Court of Appeals recently held in Golden v. New Jersey Inst. of Tech. that an author was wrongly denied fees under the New Jersey Open Public Records Act (“OPRA”). According to the appeals court, although the fact that the Federal Bureau of Investigation (“FBI”) directed the New Jersey

NJ Supreme Court Narrows Keyport Decision

Legislation Clarifies Standard for Sex Abuse Suits Against Public Entities

The New Jersey Legislature is advancing a bill that clarifies the standard for liability in sexual abuse lawsuits against public entities and public employees. Senate Bill 3739 aims to address the confusion created by recently enacted Senate Bill 477, which extended the statute of limitations for civil sexual abuse claims. The new standards are

Appellate Division Upholds Township’s Billboard Approval

In Estee Vineyards, Inc. v. Cranbury Twp. Planning Bd., the Appellate Division upheld a planning board’s approval of a billboard along the New Jersey Turnpike. According to the appeals court, because the billboard was a permitted use under the zoning ordinance, the Cranbury Township Planning Board (Board) couldn’t deny the billboard

New Jersey Senate Committee Advances PILOT Legislation

The New Jersey Senate is currently considering legislation that would impose new obligations on municipalities that grant long-term tax exemptions. Under the proposed bill, municipalities would be required to share funds collected under payment-in-lieu-of-taxes (PILOT) agreements with school districts. As we have previously discussed on the Scarinci Hollenbeck Government & Law

New Jersey Court Clarifies Veteran Property Tax Exemption

Appellate Division Clarifies Veteran Property Tax Exemption

In Pruent-Stevens v. Township of Toms River, the Appellate Division of the New Jersey Superior Court addressed the eligibility for the veteran’s property tax exemption under N.J.S.A. 54:4-3.30. The appeals court reversed the New Jersey Tax Court in holding that once a widow/widower remarries they permanentlylose their eligibility for the disabled veterans property

Electronic bidding

Will Online Bidding Soon Be Available for New Jersey Public Works Construction Projects?

Technology has made it easier to conduct a wide range of transactions. It could soon be used to modernize the bidding process for public works construction projects in New Jersey. The Assembly State and Local Government Committee recently advanced the Electronic Bidding Construction Act, which would require most public contracting