Category: Municipal Law

Bill Would Ban Punitive Damages Against NJ Public Entities

Bill Would Ban Punitive Damages Against NJ Public Entities

A bill currently under consideration in the New Jersey Assembly would ban punitive damages against public entities. It would also eliminate awards of noneconomic damages against both public entities and public employees except in certain cases involving physical injury.  Specifically, Assembly Bill No. 4252 amends the New Jersey Tort Claims

NJ Appeals Court Overturns Ordinance Over Council Member’s Conflict of Interest

NJ Appeals Court Overturns Ordinance Over Council Member’s Conflict of Interest

In Mollica v. Township of Bloomfield, the Appellate Division of the New Jersey Superior Court invalidated a township ordinance adopted to acquire land to build a public park. Citing the New Jersey Supreme Court’s decision in Grabowsky v. Township of Montclair, the Appellate Division held that a council member’s ownership

NJ Supreme Court Narrows Keyport Decision

Bill Seeks to Establish County-Municipal Courts in New Jersey

New Jersey lawmakers are currently considering a bill that would create a new court system in the state. Pursuant to Assembly Bill No. 3874, counties would be authorized to create county-municipal courts with limited, countywide jurisdiction.  The new type of municipal court would be established by a county governing body,

Local Finance Notice Addresses Construction Code Fees

NJ Assembly Passes Bill in Response to TTFA Project Freeze

Pursuant to Gov. Chris Christie’s Executive Order No. 210 of 2016, all ongoing work funded by the New Jersey Transportation Trust Fund Authority (TTFA) was ordered to cease effective July 9, 2016. All over the state, contractors were forced to cease all active work and secure the projects.  The transportation

NJ Supreme Court Overturns Digital Billboard Ban

The Supreme Court of New Jersey recently struck down a municipal ban of digital billboards. In its decision in  E&J Equities v. Board of Adjustment of Franklin Township, the state’s highest court held that the ordinance was unconstitutional under both the United States and New Jersey constitutions.  The Facts of

Proposed NJ Bill Bans Third Party Tax Appeals

NJ Tax Court Holds PILOT Payments Don’t Constitute Property Taxes

In Kenneth M. Ruskowski v. Director, Division of Taxation, the Tax Court of New Jersey held that the plaintiff’s in lieu tax payments (PILOT payments) did not constitute “property taxes,” as the term is defined under N.J.S.A. 54:4-8.67. Accordingly, the court ruled that the Director of the Division of Taxation

Gov. Christie Conditionally Vetoes Bill Banning Smoking in Public Parks

Gov. Christie Conditionally Vetoes Bill Banning Smoking in Public Parks

Gov. Chris Christie recently conditionally vetoed legislation that would have prohibited smoking at all public parks and beaches in New Jersey. Under the Governor’s proposed changes, the law would be limited to state-owned property. The proposed legislation (A-893/S-1734) extends the provisions of the New Jersey Smoke Free Air Act, which