Category: State Government

Turnpike

NJ Turnpike Is Not Alter-Ego of State for Purposes of Tax Roll-back Exemption

The New Jersey Tax Court recently considered whether the New Jersey Turnpike Authority should be considered an alter ego of the State for the purposes of N.J.S.A. 54:4-23.8, which provides an exemption for roll-back taxes if lands are acquired by, among others, a local government unit for “recreation and conservation

New Jersey’s Mortgage Foreclosure Statute has been Amended

Governor Christie recently signed P.L. 2014 c. 5, a law that amends New Jersey’s mortgage foreclosure statute. The legislation was sponsored by Senator Ron Rice and Assemblyman Ralph Caputo. Pursuant to N.J.S.A. 46:10B-51 et seq., there are numerous requirements placed on banks, savings and loan associations, credit unions and other

“Breakfast After the Bell” Program May Be Expanding in New Jersey

New Jersey legislators are seeking to expand the “Breakfast After the Bell” program as evidence by a bill passed by the Assembly (A-679). The bill requires the state to monitor and record the percentage of eligible students participating in the meal program in each school district. The bill also requires

OPMA

NJ Supreme Court Stays Order Establishing Deadline for COAH to Promulgate Fair Housing Rules

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

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

While the “Occupy” movement has died down, the legal controversy over protestor arrests has not. In December, the Court of Appeals for the Fourth Circuit ruled that South Carolina Governor Nikki Haley and other state officials are not immune from claims by Occupy Columbia protestors who were arrested for camping

OPMA

NJ Supreme Court Rules Governor Lacked Authority to Abolish COAH

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

Will NJ State Agencies Lose Veto Power Over ALG Rulings?

State agencies in New Jersey may soon relinquish their veto power over certain court rulings. The New Jersey Assembly recently approved legislation that would give the final decision to administrative law judges (ALJ) rather than allow the heads of state agencies to veto or modify rulings. The change would apply

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

Appellate Division Doesn’t “Waiver” on NJDEP Rule But Invalidates Guidance

The Appellate Division recently upheld regulations promulgated by the New Jersey Department of Environmental Protection (NJDEP) known as the “waiver rules.” The controversial rules allow the agency to waive compliance with environmental regulations under certain circumstances, including if it there is a conflict among regulations; if they impose an undue