The Appellate Division of the New Jersey Superior Court recently held that government agencies are entitled to “neither confirm nor deny” the existence of public records requested under the New Jersey Open Public Records Act (OPRA). While the federal government frequently relies on the so-called “Glomar response,” this is the
Gov. Chris Christie recently conditionally vetoed legislation to extend the Urban Enterprise Zone (UEZ) designation in several New Jersey municipalities. Citing the “UEZ program’s lack of demonstrable success,” Gov. Christie stated that he could not support extending it and made extensive recommendations for reconsideration. As we have previously discussed on
Gov. Chris Christie recently signed a bill into law that will make it easier and cheaper for New Jersey municipalities to process electronic payments. The bill, Assembly Bill No. 3851, authorizes certain local units to adopt policies for the payment of certain claims through the use of standard electronic funds
In Kenneth M. Ruskowski v. Director, Division of Taxation, the Tax Court of New Jersey held that the plaintiff’s in lieu tax payments (PILOT payments) did not constitute “property taxes,” as the term is defined under N.J.S.A. 54:4-8.67. Accordingly, the court ruled that the Director of the Division of Taxation
The Division of Local Government Services (DLGS) recently published guidance regarding the process of incorporating bidder prequalification requirements into municipal public works and construction bid specifications. The DLGS notice specifically reminds local governments that its approval is required for any prequalification requirement to be enforceable. Bidding Requirements Under the Local
The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan
The Supreme Court of New Jersey recently granted certification in Paff v. Galloway Twp. The case involves a key interpretation of the state’s Open Public Records Act (OPRA). In April, the Appellate Division concluded that municipalities do not have to create records when responding to an OPRA request. The appeals
Gov. Chris Christie recently conditionally vetoed legislation that would have prohibited smoking at all public parks and beaches in New Jersey. Under the Governor’s proposed changes, the law would be limited to state-owned property. The proposed legislation (A-893/S-1734) extends the provisions of the New Jersey Smoke Free Air Act, which
