NJ condemnation dune

Legislation Would Limit Condemnation Awards for Beach Replenishment

Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes. The bill, S-2618/A-3896, would amend the “Eminent Domain

NJ Appeals Court Invalidates DEP’s Public Access Rules

NJ Appeals Court Rules Gutted Home Lost Grandfathered Status Under Zoning Law

Many homeowners faced with damage from Superstorm Sandy may have another obstacle to rebuilding – the Municipal Land Use Law.  In a recent decision, the Appellate Division held that a home in Seaside Park lost its ‘grandfathered’ non-conforming use and structure status when it was gutted for repairs. The Facts

New Jersey lawyer

Redevelopment Legislation Advances in NJ Senate

New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191

New Jersey lawyer

New Jersey Rescue Squad Immunity Bill Advancing

Legislation that would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations is advancing through both the state Senate and Assembly. As we have previously discussed on this New Jersey Government & Law Blog, the New Jersey Supreme Court

Donald Scarinci

OPRA Decision Clarifies Exception for Proprietary Commercial or Financial Information

A recent decision by the Appellate Division clarifies the New Jersey Open Public Records Act (OPRA) exception for proprietary commercial or financial information. The case also addresses what types of materials fall within the meaning of “underwriting rules” under N.J.S.A. 17:29A-46.2(b), which states that “underwriting rules” filed by insurers “shall

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

NJ Court Orders School Officials to Reimburse District for Legal Fees For Improper Lawsuit

The Appellate Division recently ordered two school officials to reimburse their district for legal fees when the school board improperly instituted legal action on their behalf. It concluded that a defamation lawsuit was not brought in the interest of the Elizabeth Board of Education, but rather, in the interest of

NJ eminent domain law

Court Rules NJ Condemning Authorities Do Not Have to Negotiate With Mortgage Assignees

New Jersey still has a large inventory of foreclosed properties. As a result, many municipalities are seeking to condemn the properties for redevelopment and other purposes. In a recent decision, the Appellate Division clarified that that a New Jersey condemning authority is not obligated to negotiate with the assignee of

New Jersey zoning law

Third Circuit Rules NJ Municipality Can Ban All Billboards

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit upheld a New Jersey municipality’s ordinance prohibiting billboards. The court specifically found that the total billboard ban did not violate free speech guarantees under the First Amendment to the U.S. Constitution. The Facts of the Case In