Category: Municipal Law

City Council Members Entitled To Absolute Legislative Immunity

The U.S. District Court for the Northern District of Illinois recently rendered an important decision for all municipal officials. In American Islamic Center v. City of Des Plaines, the court held that city council members accused of discriminating against an Islamic organization in its application to rezone property were entitled

City of Irvington Using Eminent Domain To Help Underwater Homeowners

Irvington, New Jersey, is plagued by residents with underwater mortgages, homes in foreclosure and residences left abandoned. In response, the Township Council has authorized the mayor and administration to use eminent domain to acquire properties with mortgage problems. Eminent domain is the procedure whereby governments are allowed to acquire property

Reminder to NJ Municipalities: Direct Deposit Law Takes Effect This Summer

While summer may seem eons away, New Jersey cities and towns should start to consider whether they plan to take advantage of a new law that allows municipalities to pay their employees using direct deposit. Under P.L. 2013, c.28, direct deposit will be required for all State employee compensation on

Deadlines Matter: NJ County Tax Board Wins Case Due to Untimeliness

A recent decision by the New Jersey Tax Court highlights that compliance with filing deadlines can dramatically impact the outcome of a case. In Mikhail v. Township of Howell, the court dismissed a resident’s complaint with the Monmouth County Board of Taxation for being one day late. The Facts of

OPMA

NJ Supreme Court Stays Order Establishing Deadline for COAH to Promulgate Fair Housing Rules

Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey

SCOTUS to Decide If the Government Can Challenge Patents

NJ Appeals Court Adopts More Lenient View of Chapter 91

In the past, New Jersey courts have increasingly construed requests under N.J.S.A. 54:4-34 (Chapter 91) very strictly against municipalities. The statute authorizes assessors to seek expense and income information from property owners and allows a municipality to dismiss a tax appeal if the owner fails or refuses to respond within

Deadlines Matter: NJ County Tax Board Wins Case Due to Taxpayer’s Untimeliness

NJ Election Law Decision Clarifies Municipal Referendum Deadlines

In Finkel v. Township Committee of Township of Hopewell, the Appellate Division of the New Jersey Superior Court considered the interplay between two statutes governing the timeframe for submitting municipal referendums for inclusion on a ballot. The panel concluded that municipalities must follow all applicable deadlines and declared the referendum

NJ Supreme Court Rules Supportive Housing Programs Entitled to Property Tax Exemptions

In Advance Housing v. Teaneck, the Supreme Court of New Jersey upheld the tax-exempt status of two non-profit institutions that provide supportive housing and services. In doing so, the court rejected the arguments of several New Jersey municipalities that there was not a sufficient nexus between the housing and support