Under the New Jersey Tort Claims Act, the standard of liability applied to a public entity depends on whether it exercised discretionary decision-making or performed ministerial acts. In Henebema v. South Jersey Transportation Authority, the Appellate Division considered whether a judge or jury should resolve that threshold dispute. The distinction
A New Jersey federal court recently rejected North Wildwood City’s attempt to dismiss a lawsuit under the American’s With Disabilities Act (ADA). The municipality had argued that the plaintiffs lacked standing because they did not suffer an injury-in-fact. The Facts of the Case In Hamill v. North Wildwood City, two
The New Jersey Supreme Court recently considered what happens when more than one entity plays a role in handling a property’s sewage. The court concluded that both entities were entitled to collect a non-duplicative sewer connection fee. The Facts of the Case Under the New Jersey Sewerage Authorities Law, N.J.S.A.
New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191
Legislation that would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations is advancing through both the state Senate and Assembly. As we have previously discussed on this New Jersey Government & Law Blog, the New Jersey Supreme Court
The Appellate Division recently ordered two school officials to reimburse their district for legal fees when the school board improperly instituted legal action on their behalf. It concluded that a defamation lawsuit was not brought in the interest of the Elizabeth Board of Education, but rather, in the interest of
Ever wonder what happens to abandoned vehicles that are towed away? Ultimately, many are sold at public action by New Jersey municipalities. In Sevell’s Auto Body Co., Inc. v. Borough Of Roselle Park, the Appellate Division considered whether the businesses hired to tow and store the vehicles should benefit from
The New Jersey Division of Local Government Services Local Finance Board wants to make sure that counties and municipalities are paying their bills on time. It recently proposed two new rules that would alter the procedures for the payment of local unit debt obligations. According to the rule proposal, “Local
