The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent
The Supreme Court of New Jersey recently ruled that the New Jersey Division of Property Management and Construction (Division) acted properly when it awarded a contract for the lease of office space to the lowest bidder. The state’s highest court also concluded that the Director of the Division correctly determined
The New Jersey Supreme Court recently addressed what happens when the New Jersey Open Public Records Act (OPRA) and attorney-client privilege intersect. In O’Boyle v. Borough of Longport, the state’s highest court specifically addressed the application of the common interest rule to litigation documents requested under OPRA and the common
Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey
In Advance Housing v. Teaneck, the Supreme Court of New Jersey upheld the tax-exempt status of two non-profit institutions that provide supportive housing and services. In doing so, the court rejected the arguments of several New Jersey municipalities that there was not a sufficient nexus between the housing and support
The Supreme Court of New Jersey recently upheld the New Jersey Commissioner of Education’s (Commissioner) decision to deny Quest Academy’s application to open a charter school in Montclair. The court ruled that “the Commissioner’s decision to deny Quest Academy’s charter school application was amply supported by the record and was
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
The Supreme Court of New Jersey recently ruled in the case of Ten Stary Dom Partnership v. Mauro, that the Borough of Bay Head’s planning board improperly denied a landowner’s request for a bulk zoning variance to build a one family home. The Court found that the board placed too
