In TSI East Brunswick, L.L.C. v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court of New Jersey considered the standard of proof required for securing a variance for a conditional use. The court concluded that applicants are not required to prove the negative criteria by an
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
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.
The New Jersey Supreme Court recently upheld an arbitration award in a dispute between a municipality and local labor union. In doing so, it highlighted that courts should give great deference to arbitration awards in New Jersey public-sector labor disputes so long as they are reasonably debatable. The Facts of
The New Jersey Supreme Court refused to give a New Jersey public employee a second bite at the apple. It held that the rejection of a claim of employer retaliation in a civil service disciplinary proceeding should bar the employee from seeking to circumvent that discipline through a subsequent Conscientious
The New Jersey Supreme Court continues to shed light on the liability of New Jersey municipalities when it comes to their rescue squards. In a recent decision, the state’s highest court held that rescue squads that provide intermediate and basic life support services are not immune from suit, even though
The New Jersey Supreme Court recently clarified that the state’s Open Public Records Act (OPRA) does have its limits. The Court addressed whether certain records related to the Rutgers Environmental Law Clinic’s representation of its clients should be fair game under OPRA. The lawsuit, Sussex Commons Associates v. Rutgers, arose
The New Jersey Supreme Court has ruled that the state can limit how much school administrators can get for unused sick leave. The lawsuit challenged the constitutionality of New Jersey public employee compensation regulations that cap the payment for accumulated sick time for certain school administrators at $15,000. As reported by the Star-Ledger,
