Category: Uncategorized

NJ Court Clarifies When Paying Taxes on an Unowned Lot Is a “Mistake”

In Hanover Floral Co. v. East Hanover Township, the Tax Court of New Jersey held that a taxpayer’s payment of taxes on a lot that it did not actually own was a “mistake” under N.J.S.A. 54:4-54. Accordingly, the taxpayer was entitled to a refund. Facts of the Case The plaintiff,

U.S. Supreme Court to Consider Constitutionality of Public Union Fees

The Justices of the United States Supreme Court are hoping that the third time is the charm when it comes to the constitutionality of public union fees. The Court recently added Janus v. American Federation of State, County, and Municipal Employees, Council 31 to its docket for the October 2017

NCSL Passes Resolution for Marijuana to Be Removed from Controlled Substances Act

While many states have decriminalized cannabis, it remains a Schedule I drug under the federal Controlled Substances Act (CSA). This classification is reserved for drugs with “high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment.” Other Schedule I drugs include heroin, LSD,

NJ Appeals Court Clarifies When Fund in Court Exception Applies

In Grabowsky v. Twp. of Montclair, the Appellate Division clarified when the fund in court exception applies, which alters the general rule that litigants bear their own litigation costs regardless of who prevails. The court held that because no litigation fund was ever created and taxpayers would ultimately bear the expense

NJ Assembly Committee Advances 9-1-1 Bill

The Assembly Homeland Security and State Preparedness Committee recently advanced Assembly Bill No. 1821, which would require 9-1-1 service facilities to be equipped to receive text messages within three years. To help fund the upgrades, the proposed legislation temporarily increases the 9-1-1 System and Emergency Response Fee by 10 percent. 

Supreme Court Sides With Church in Grant Funding Suit

NJ Supreme Court to Determine Constitutionality of Church Grants t

The Supreme Court of New Jersey recently agreed to consider whether the New Jersey Constitution bans a county government from giving historic preservation grants to local churches. The case is Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders.  The suit, which was brought by the Freedom From