In State v. Donna M. Alessi (A-41/42-17/079255) (Decided January 27, 2020), the New Jersey Supreme Court confirmed that the police may not pull over a driver for questioning in furtherance of an investigation without reasonable suspicion that she committed a crime or traffic violation. As the court explained, “A law
In Felix v. Richards, (A-27-18/081799) (Decided February 26, 2020), the Supreme Court of New Jersey held that the creation of the basic automobile insurance policy option, without bodily injury liability coverage, did not modify the state’s deemer statute (N.J.S.A. 17:28-1.4). The divided court further rejected the Government Employee Insurance Company’s (GEICO)
Gov. Phil Murphy recently signed several bills into law that seek to improve New Jersey’s election process. The measures establish an online voter registration center, require district boundaries and corresponding election results to be posted online, and mandate that incarcerated individuals be counted at their last known street address for legislative
In 440 Company-Carriage House, LP v. Zoning Bd. of Adjustment for the Borough of Palisades Park, the Appellate Division vacated the zoning approvals for a high-rise building to be constructed in Palisades Park. The appeals court found that the zoning board’s approval of an application modified sua sponte by the board’s chairman was arbitrary,
In Estate of Mary Van Riper v. Director, Division of Taxation (A-51-18/082000) (Decided February 5, 2020), the Supreme Court of New Jersey addressed the application of New Jersey’s transfer inheritance tax statute. It held that the New Jersey Division of Taxation (Division) properly taxed the full value of the home
With pothole season underway, New Jersey municipalities should be aware of a recent Appellate Division decision. In Martinez v. City of Hoboken, the Appellate Division held that a plaintiff’s message to the city of Hoboken on the City’s electronic 311 online reporting system regarding an injury she sustained stepping in a pothole was sufficient
In New Jersey Land Title Association v. Dana Rone (A-82-18/082620) (Decided February 4, 2020), the Supreme Court of New Jersey held that county clerks and registers may not charge a convenience fee for electronic filing of documents concerning real property. The court did not issue a plenary opinion, but rather
In Melnyk v. Board of Education of the Delsea Regional High School District (A-77-18/082354) (Decided January 30, 2020), the Supreme Court of New Jersey held that an instructional and tenure-eligible position did not become extracurricular and tenure ineligible simply because the teacher already held tenure in another position. According to
