The case of Harrison Board of Education v. Netchert, which was recently approved for publication, presented what the court deemed an “interesting conundrum”: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. The court ultimately answered no.
In Griepenburg v. Township of Ocean, the Supreme Court of New Jersey addressed the power of municipalities to zone property consistent with their Master Plan and Municipal Land Use Law (MLUL) goals. In addition to finding the ordinances at issue were not were not arbitrary, capricious, or unreasonable, the court
As part of his State of the Union Address, President Obama touched on an important new initiative that could make it easier for New Jersey municipalities to build and run digital communications infrastructures. Under President Obama’s plan, aimed at increasing competition and innovation while safeguarding net neutrality, the federal government
In a recent decision, the Appellate Division clarified who may be considered an “owner” of a dam for the purposed of compliance under the Safe Dam Act (“SDA”). Legal Background Upon enacting the SDA, the New Jersey Legislature noted “that the condition of many dams, lakes, and streams throughout the
The U.S. Supreme Court recently issued a decision in T-Mobile South LLC v. City of Roswell, which involved the city’s denial of a cell tower application. The Court held that the federal Telecommunications Act mandates that municipalities provide a written explanation when denying a request, and that the explanation must
The U.S. Supreme Court recently heard oral arguments in Reed v. Town of Gilbert, which involves whether an Arizona town’s sign ordinance violates the First Amendment. While the Court seemed inclined to give municipalities some leeway in regulating signs, it is unclear where the justices will draw the line. As
Last summer, Governor Chris Christie signed two bills that allow New Jersey municipalities to regulate vacant and abandoned residential properties in foreclosure proceedings. Municipalities may regulate the care, maintenance, security, and upkeep of these properties. As previously reported on this blog, P.L. 2014 c. 5, which took effect on July
Late last month, Gov. Chris Christie again extended the Permit Extension Act of 2008. The statute recognizes that the process of obtaining government approvals can be time consuming and expensive, for both for businesses and government bodies and tolls such permits to prevent the abandonment of approved projects due to
