OPMA

NJ Supreme Court Overturns Variance Denial

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

High-Profile OPRA Case Results in $542,000 in Legal Fees for NJ City

New Bill Targets Legal Fees Charged to NJ Municipalities

Earlier this summer, the Office of the State Comptroller released a report concluding that local public entities may not be adequately reviewing their legal bills. It specifically found that they may be missing excessive fees, improperly billed fees, or other issues concerning these bills. To address these concerns, Sen. Jennifer

New Jersey Municipal land use law

Are Incorrect Lot Numbers Fatal Under NJ’s Municipal Land Use Law?

The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the

NJ municipal law abandoned vehicles

NJ Court Upholds Hoboken Towing Ordinance

The Appellate Division of the Superior Court of New Jersey recently upheld an ordinance adopted by the City of Hoboken to license and regulate businesses that remove and store motor vehicles. The court held that city was well within its authority under N.J.S.A. 40:48–2.49, which outlines the aspects of towing

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Tax Court Clarifies Requirements for Chapter 91 Requests Involving Contiguous Lots

The New Jersey Tax Court recently considered a novel question of interest to both municipalities and commercial landowners — whether a taxpayer that receives two Chapter 91 requests for two separate lots governed by a singular lease agreement has “failed or refused to respond” pursuant to N.J.S.A. 54:4-34 by having

NJ Flood standards

Superstorm Sandy Prompts New Land Use Exemption

Rebuilding in the wake of Superstorm Sandy continues throughout New Jersey. For homeowners and municipalities, ensuring compliance with new federal flood guidelines and existing local land use ordinances has proven challenging. To address the problem, Gov. Chris Christie recently signed legislation that permits limited exemptions to local land use restrictions

Donald Scarinci malpractice

NJ Court Clarifies OPRA’s Criminal Investigatory Records Exemption

The Superior Court of New Jersey recently clarified the criminal investigatory records exemption under New Jersey’s Open Public Records Act. Under OPRA, a criminal investigatory record is a record “which is not required by law to be made, maintained or kept on file that is held by a law enforcement