NJ Appeals Court Enjoins City of Orange Referendum Over Deficient Interpretative Question

In City of Orange Township Board of Education v. City of Orange Township, the Appellate Division granted the City of Orange Board of Education’s application for an injunction to prevent the City of Orange from acting on a voter-approved referendum to change from a Type I to Type II school

NJ Court Clarifies When Paying Taxes on an Unowned Lot Is a “Mistake”

In Hanover Floral Co. v. East Hanover Township, the Tax Court of New Jersey held that a taxpayer’s payment of taxes on a lot that it did not actually own was a “mistake” under N.J.S.A. 54:4-54. Accordingly, the taxpayer was entitled to a refund. Facts of the Case The plaintiff,

U.S. Supreme Court to Consider Constitutionality of Public Union Fees

The Justices of the United States Supreme Court are hoping that the third time is the charm when it comes to the constitutionality of public union fees. The Court recently added Janus v. American Federation of State, County, and Municipal Employees, Council 31 to its docket for the October 2017

NJ Appeals Court Clarifies ELEC Authority to Issue Complaint

In New Jersey Election Law Enforcement Commission v. DiVincenzo, the Appellate Division held that the Election Law Enforcement Commission (also known as “ELEC” or the “Commission”) still had jurisdiction to issue a complaint even though only two members voted due to vacancies.  According to the appeals court, the common-law quorum

Texas Court Strikes Down DOL Overtime Rule

New Jersey municipalities will not have to comply with the Department of Labor’s (DOL) revised overtime rule, which was enacted under the Obama Administration in 2016. A Texas judge recently held that the DOL exceeded its authority under the Fair Labor Standards Act (FLSA), effectively ending the long-standing legal battle

NCSL Passes Resolution for Marijuana to Be Removed from Controlled Substances Act

While many states have decriminalized cannabis, it remains a Schedule I drug under the federal Controlled Substances Act (CSA). This classification is reserved for drugs with “high potential for abuse, no accepted medical use, and no accepted safety for use in medically supervised treatment.” Other Schedule I drugs include heroin, LSD,

Local Finance Notice Addresses Construction Code Fees

The Division of Local Government Services and the Division of Codes and Standards recently issued a Local Finance Notice (Notice) reminding municipalities about the construction code fee limitations established under state law and how construction code enforcement offices must budget and account for such fees. They issued the Notice after