The Appellate Division of the New Jersey Superior Court recently upheld a sewer ordinance enacted by the Borough of Lodi. In Arnot 40 Realty, LLC v. Borough of Lodi, the panel found that the ordinance, which significantly raised rates for non-residential sewer usage, was not arbitrary, capricious, or unreasonable. The
A New Jersey appeals court recently found that Camden’s former fire chief was not entitled to additional retirement pay based on oral promises made by city officials. In Marini v. Camden, the Appellate Division of the New Jersey Superior Court found that in the absence of written proof, such as
The deadline is approaching for New Jersey municipalities to participate in the Securities and Exchange Commission’s (SEC) compliance initiative involving continuing disclosure requirements related to outstanding bonds and other securities. SEC’s Municipalities Continuing Disclosure Cooperation Initiative is intended to address what the agency views as “potentially widespread violations of the
The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent
The City of New Brunswick impermissibly blocked a bar owner’s efforts to open a restaurant and sports bar to be named “Buck Foston’s,” according to a New Jersey jury. It awarded plaintiff Lawrence D. Blatterfein more than $1.5 million for the violation of his First Amendment rights. The Facts of
Recently proposed legislation could reduce the legal costs of New Jersey municipalities. Assembly Bill Number 2997 would eliminate awards of punitive damages against municipalities as well as employees of municipalities acting within the scope or under color of their office, employment, or agency. In a civil lawsuit, compensatory damages are
The U.S. Supreme Court recently agreed to consider whether an Arizona town’s sign ordinance violates the First Amendment, as applied to a local church. Under long-standing First Amendment precedent, content-based restrictions on speech are closely scrutinized and upheld only if they are “narrowly tailored” to a “compelling government interest.” Reed
In 510 Ryerson Road, Inc. v. Borough of Lincoln Park, the Tax Court of New Jersey highlighted the standard of review in Chapter 91 reasonableness hearings. In doing so, it held that an assessment that relied on the recommendations of a valuation firm was reasonable, given that the assessor performed
