U.S. Supreme Court Asked to Consider NJ Church Grant Case

Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause.  Facts of the Case In 2002, the

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

In August, Gov. Phil Murphy signed legislation into law that authorizes New Jersey counties to alter the real property assessment calendar, provided the relevant county board of taxation approves. The new law (formerly A-538/S2257) specifically allows any county to operate under the alternative real property assessment dates established in the “Real

NJ Appeals Court Upholds Ordinances Imposing Landlord Fees

In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay

NJ Appeals Court Uphold Municipality’s Age Restrictions for Development Project

In AvalonBay Communities, Inc. v. Township of South Brunswick Zoning Board of Adjustment, the Appellate Division held that the South Brunswick Zoning Board of Adjustment (Board) properly denied a developer’s application for a use variance. The appeals court agreed that AvalonBay Communities, Inc. (Avalon Bay) had failed to provide any

Proposed Bill Codifies NJ’s Leave Donation Policy

New Jersey’s leave donation policy could soon become state law. The state Senate recently approved legislation that would allow state employees to donate their unused sick or vacation leave time to co-workers who may need it.  “This bill codifies a process that allows state employees to help one another by

time of application

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

OPMA

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by     N.J.S.A. 10:4–14; and (2) to provide employees, whose

SCOTUS Rules Agency Shop Fees Are Unconstitutional

The U.S. Supreme Court dealt a crushing blow to the country’s public unions in Janus v. American Federation of State, County, and Municipal Employees, Council 31. By a vote of 5-4, the Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The Court also expressly overruled