Category: Municipal Law

psychic RLUIPA

Fourth Circuit Rules Fortune Teller Not Protected by Religious Land Use and Institutionalized Persons Act

In Moore-King v. County of Chesterfield, the Fourth Circuit Court of Appeals ruled that “Psychic Sophie” could not avoid a local ordinance that required fortune tellers to obtain a business license by relying on the Religious Land Use and Institutionalized Persons Act (RLUIPA). The federal statute prohibits government from enacting a

NJ Appeals Court Rules Wildwood Police Officer Can’t Serve Double Duty as Mayor

While many New Jersey police officers work extra hours, holding elected office is not a permissible second job. In Adair v. Wildwood, the Appellate Division of the New Jersey Superior Court recently ruled that Wildwood police officer Gary DeMarzo could not also serve as the city’s mayor. The Facts of

High-Profile OPRA Case Results in $542,000 in Legal Fees for NJ City

New Bill Targets Legal Fees Charged to NJ Municipalities

Earlier this summer, the Office of the State Comptroller released a report concluding that local public entities may not be adequately reviewing their legal bills. It specifically found that they may be missing excessive fees, improperly billed fees, or other issues concerning these bills. To address these concerns, Sen. Jennifer

NJ municipal law abandoned vehicles

NJ Court Upholds Hoboken Towing Ordinance

The Appellate Division of the Superior Court of New Jersey recently upheld an ordinance adopted by the City of Hoboken to license and regulate businesses that remove and store motor vehicles. The court held that city was well within its authority under N.J.S.A. 40:48–2.49, which outlines the aspects of towing

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Tax Court Clarifies Requirements for Chapter 91 Requests Involving Contiguous Lots

The New Jersey Tax Court recently considered a novel question of interest to both municipalities and commercial landowners — whether a taxpayer that receives two Chapter 91 requests for two separate lots governed by a singular lease agreement has “failed or refused to respond” pursuant to N.J.S.A. 54:4-34 by having

Appellate Division Issues Important Decision on NJ’s Local Budget Law

The Appellate Division of the New Jersey Superior Court recently examined the relationship between the state’s Local Budget Law and the Faulkner Act. The Local Budget Law limits municipal budget increases to 2.5 percent of the previous year’s final appropriations or the cost-of-living adjustment, whichever is less. However, there are

OPMA

NJ Supreme Court Rules Governor Lacked Authority to Abolish COAH

Earlier this month, the Supreme Court of New Jersey issued yet another decision regarding the state’s controversial affordable housing program. By a vote of 5-2, the panel held that Gov. Chris Christie’s attempt to abolish the Council on Affordable Housing (COAH) exceeded his authority. As previously discussed on the Scarinci

New Jersey Municipalities Unaware of Excessive Legal Fees

Reports Show That Townships Lack of Review Allows Law Firms to Get Away With Over-billing A recent report by the Office of the State Comptroller finds that local public entities may not by adequately reviewing their legal bills. In light of this, government entities may be missing excessive fees, improperly