Category: Municipal Law

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Los Angeles v. Patel: U.S. Supreme Court Strikes Down Municipal Ordinance

In a 5-4 decision, the U.S. Supreme Court struck down a municipal ordinance enacted by the City of Los Angeles. In City of Los Angeles v. Patel, the majority held that the ordinance, which authorized police to inspect motel registration records without advance notice, violated the Fourth Amendment of the

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

NJ Appeals Court Decision Outlines Municipal Solid Waste Collection Obligations

A New Jersey appeals court recently addressed a municipality’s solid waste collection obligations under N.J.S.A. 40:66-1.3(a). In Kiejdan Family LLC v. Borough of Woodbine, the court held that the borough’s policy of requiring curbside pickup from a multifamily apartment complex, rather than providing reimbursement for such services, was arbitrary and

Tax Court Addresses Turnpike Authority’s Property Tax Exemption

NJ Municipal Financing Bill for Clean Energy Projects Moving Forward

Legislation is advancing through the New Jersey Senate that aims to facilitate private financing of water conservation, storm shelter construction, and flood and hurricane resistance projects through the use of voluntary special assessments. The State Assembly has passed the bill; it has since been reviewed and reported out by the

Bill Would Eliminate Five Percent Down Payment for Bond Ordinances

NJ Court Rules “Cap Bank” Ordinance Not Subject to Referendum

A New Jersey trial court recently held that the City of Wildwood’s “cap bank” ordinance, which allows the municipality to bank and utilize permitted appropriations in future years, is not subject to referendum. The case is Baltuskonis v. City of Wildwood.  The Facts of the Case In 2014, the Wildwood

Supreme Court’s Reed v. Gilbert Decision Used to Strike Down Panhandling Ordinance

New Brunswick to Revise Anti-Panhandling Ordinances After Legal Challenge

The City of New Brunswick recently settled a lawsuit challenging two ordinances intended to restrict panhandling. One ordinance required a permit to solicit charitable contributions, while the other made it unlawful to beg or solicit food or monies on any street or sidewalk within the city. The plaintiff, a homeless

NJ Appeals Court Affirms Broad Power of State Comptroller

Is Your Municipal Budget “User Friendly?”

The Local Finance Board of the Division of Local Government Services (DLGS) recently adopted N.J.A.C. 5:30-3.8, which requires New Jersey municipalities to incorporate a user-friendly budget into all introduced (approved) and adopted annual municipal budgets. The goal is to increase the financial transparency of local government and enhance everyday citizens’

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

The Tax Court of New Jersey recently clarified the standard for determining whether a tax-exempt religious organization qualifies for a property tax exemption when the property is no longer used for worship services. The court’s decision in Borough of Hamburg v. Trustees of the Presbytery of Newton is particularly useful

Administration of NJ Affordable Housing Rules Goes Back to the Court

On March 10, the Supreme Court of New Jersey transferred the administration of affordable housing rules back to the courts, effectively stripping the “moribund” Council on Affordable Housing (COAH) of any power to regulate where and when affordable housing will be built in New Jersey. The much-anticipated decision opens yet