Category: Municipal Law

NJ Tax Court Issues Key Cell Tower Tax Ruling

Proposed FCC Rules Could Limit NJ Municipalities’ Authority Over Cell Tower Construction

The Federal Communication Commission (FCC) recently published a Notice of Proposed Rulemaking that may impact how New Jersey municipalities address requests to locate wireless telecommunications equipment. The FCC’s Notice of Proposed Rulemaking (NPR) specifically includes potential measures to expedite the environmental and historic preservation review of new wireless facilities, as

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

Martell’s Tiki Bar’s Legal Challenge to a Point Pleasant Beach ordinance that would have restricted its operating hours is moot because the borough subsequently rescinded the measure, according to a New Jersey Superior Court ruling. The court further concluded that because the bar suffered no damages due to the ordinance, attorney’s

New Jersey Lawyer

Appellate Division Upholds City of Camden’s Business Curfew

Some businesses in the City of Camden will have to close their doors at 11 p.m. The Appellate Division of the New Jersey Superior Court recently upheld a local ordinance that requires businesses located within residential zones or located less than 200 feet from a residential zone to shutter their

Gov. Murphy Signs NJ Voter Registration Bill

NJ Court Rules Voter Initiative Did Not Impermissibly Restrain Future Municipal Legislation

In a recent decision, the Appellate Division of the New Jersey Superior Court further clarified the law surrounding voter initiatives under the Faulkner Act. The case, Redd v. Bowman, examined whether an initiative to prohibit the City of Camden from disbanding its police department and join a county force, impermissibly

NJ fracking ban

New Jersey Municipality Becomes First to Ban Fracking

Last month, the borough of Highland Park became the first New Jersey municipality to ban hydraulic fracturing, which is commonly referred to as “fracking.” While the town does not have any known natural gas deposits, the ban is intended to send a message about the controversial practice and encourage other

New Jersey government procurement

New Jersey Municipality Takes Novel Approach to Panhandling

Middle Township in New Jersey recently made national headlines for passing an ordinance designed to crackdown on “aggressive” panhandling. The ordinance requires beggars to obtain a free permit and restricts the areas in which they can solicit money. According to local officials, Middle Township adopted the new law after receiving

OPMA

NJ Supreme Court Rejects “Third Round” COAH Rules

The Supreme Court of New Jersey has instructed the Council on Affordable Housing (COAH) to go back to the drawing board. It rejected COAH’s proposed a “growth share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. Under the growth share

New Jersey municipal zoning attorney

Executive Order Will Expedite Dune Construction

Gov. Chris Christie has signed an executive order that will help New Jersey municipalities move forward with dune construction, beach replenishment, and other flood risk reduction measures in the wake of Hurricane Sandy. The action is intended to facilitate the acquisition of privately owned land that is needed to complete