Category: Municipal Law

NJ Municipalities Receive Stern Warning from NFL Over Trademark Infringement

The National Football League (NFL) zealously protects its “Super Bowl” trademark, sending out 80 to 100 cease-and-desist letters each year to businesses using the brand without permission. Official sponsors like Pepsi generally shell out millions of dollars in licensing fees in order to use the logo. As New Jersey prepares

NJ Tax Court Issues Key Cell Tower Tax Ruling

NJ Cell Tower Zoning Cases Address Role of Municipal Site Selection

Cell phone towers have become the latest “not in my backyard” issue for New Jersey municipalities. In two recent cases, the New Jersey Superior Court considered whether the requirement that a cell phone carrier seek a least intrusive site from a community impact standpoint continue unabated where a municipality had

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

Update: COAH Must Begin Housing Trust Fund Seizure Process Anew

On June 7, the Appellate Division of the New Jersey Superior Court again halted the Council on Affordable Housing’s (COAH) process to seize unused affordable housing trust funding. The order vacates the stay on the taking of the housing trusts funds, but also states that COAH cannot continue with efforts

NJ municipal lawyer

NJ Court Rules Municipal Clerk’s Referendum Rejection Violated Faulkner Act

The New Jersey Appellate Division recently found that the clerk of the City of Hoboken failed to comply with Optional Municipal Charter Law, commonly known as the Faulkner Act, when refusing to file a referendum petition submitted by a committee of citizens.  The case, Tumpson v. Farina, provides a great

NJ Lawmakers Seek to Cap Sick Leave Payments to Municipal Retirees

Uncertainty Over COAH Funds Continues for NJ Municipalities

New Jersey municipalities have again received letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, a recent court order provides at least a temporary reprieve. The Fair Share Housing Act allows the state to seize money that has gone

New Jersey lawyer

Appellate Division Finds Municipality NEVER Liable for Conduct of 9-1-1 Operators

The New Jersey Appellate Division recently ruled that public entities enjoy broad immunity for the conduct of their 9-1-1 Operators, regardless of culpability. Robert E. Levy Esq., of Scarinci Hollenbeck, argued the winning side of the case for the Township of Irvington in the case, Turner v. Township of Irvington,

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Court Clarifies Requirements for Temporary Disability

In a recent workers’ compensation case involving a municipal employee, the Appellate Division clarified the requirements for obtaining temporary disability benefits. Johnson v. Hamilton Township particularly addressed the medical evidence required for temporary as opposed to permanent disability under New Jersey law. The Facts of the Case Michael P. Johnson

New Jersey municipal law

NJ Government Officers Required to File Financial Disclosure Statements Electronically

Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers