Category: Municipal Law

Parsells v. Board of Education of the Borough of Somerville

Parsells v. Board of Education of the Borough of Somerville

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

NJ Supreme Court Rules Township Improperly Designated Library for Redevelopment

NJ Supreme Court Rules Township Improperly Designated Library for Redevelopment

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).

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

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

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

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

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

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

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

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

DCA Model Statewide Municipal EV Ordinance Now in Effect

DCA Model Statewide Municipal EV Ordinance Now in Effect

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

NJDEP Providing Toolkit to Help NJ Municipalities Address Climate Resilience

NJDEP Providing Toolkit to Help NJ Municipalities Address Climate Resilience

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