The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open Public Records Act (OPRA). North Jersey Media Group, doing business as The Record newspaper, had sought records related to hiring decisions at the Port Authority of New York
A recent Appellate Division decision reinforces that municipalities need not always rigidly enforce New Jersey election laws. As specifically highlighted by the court, such laws should be “relaxed where enforcement of the right of choice in the election process is unreasonably thwarted.” The Facts of the Case Regalado v. Curling involved
The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may
Superstorm Sandy caused an estimated $30 billion in damage to the state of New Jersey. As rebuilding efforts ramp up and federal assistance becomes available, Gov. Chris Christie recently signed legislation aimed to ensure sufficient oversight over the expenditure of Hurricane Sandy recovery resources. Accordingly, public entities must follow certain
The Appellate Division recently considered whether an ordinance that authorizes “health and wellness centers” and “fitness and health clubs” in two industrial zones changes the “classification” of those zones, thereby requiring compliance with the notice requirements of New Jersey’s Municipal Land Use Law. N.J.S.A. 40:55D-62.1 provides that a municipality must
In a recent workers’ compensation case involving a municipal employee, the Appellate Division clarified the requirements for obtaining temporary disability benefits. Johnson v. Hamilton Township particularly addressed the medical evidence required for temporary as opposed to permanent disability under New Jersey law. The Facts of the Case Michael P. Johnson
Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers
Under the New Jersey Tort Claims Act, the standard of liability applied to a public entity depends on whether it exercised discretionary decision-making or performed ministerial acts. In Henebema v. South Jersey Transportation Authority, the Appellate Division considered whether a judge or jury should resolve that threshold dispute. The distinction
