Legislation is advancing through the New Jersey Senate that aims to facilitate private financing of water conservation, storm shelter construction, and flood and hurricane resistance projects through the use of voluntary special assessments. The State Assembly has passed the bill; it has since been reviewed and reported out by the
A New Jersey trial court recently held that the City of Wildwood’s “cap bank” ordinance, which allows the municipality to bank and utilize permitted appropriations in future years, is not subject to referendum. The case is Baltuskonis v. City of Wildwood. The Facts of the Case In 2014, the Wildwood
In 388 Route 22 Readington Realty Holdings, LLC v. Township of Readington, the New Jersey Supreme Court addressed the circumstances under which a municipality may exercise its discretion to repurchase unused sewer capacity. While the state’s highest court ultimately upheld the sewer ordinance, it concluded that its blanket policy of
The Appellate Division recently addressed whether a municipality must publicly disclose security video footage captured by a stationary camera in a municipal building. The decision in Patricia Gilleran v. Township of Bloomfield, highlights that technology is increasingly at the center of disputes involving the state’s Open Public Records Act. The
The Appellate Division recent held that the Borough of Closter did not engage in “spot zoning” when it increased the allowable square footage for commercial establishments in its business district. The Mayor and Council’s adoption of a zoning ordinance in The Great Atlantic & Pacific Tea Co. Inc. v. Borough
In Walker v. Board of Chosen Freeholders of the County of Burlington, the Appellate Division of the New Jersey Superior Court recently upheld the decision of the Burlington County Board of Chosen Freeholders to deny an application to operate a solid waste transfer station and material recovery facility. The decision
A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.
The City of New Brunswick recently settled a lawsuit challenging two ordinances intended to restrict panhandling. One ordinance required a permit to solicit charitable contributions, while the other made it unlawful to beg or solicit food or monies on any street or sidewalk within the city. The plaintiff, a homeless
