NJ Court Rules Res Judicata Did Not Bar Development Application

NJ Appeals Court Dismisses Ethics Complaint Involving Mayor’s Personal Attorney Serving as Municipal Attorney

In Scoblink-O’Neill v. Local Finance Board, the Appellate Division recently concluded that the former Mayor of the Borough of Haddon Heights did not violate New Jersey’s Local Government Ethics Law when he facilitated the appointment of his personal attorney as borough counsel. The Facts of the Case Susan Scoblink-O’Neill filed

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Homework matters, even in baseball. The Appellate Division recently held that a local school board could not be held liable for the injuries suffered by Tenafly mother, who was struck by a baseball while attending her son’s game. The decision in Brigante v. Tenafly Board of Education addresses when a

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court Rules Commencement of Agency Appeal Does Not Estop Civil Retaliation Suit

In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

Year in Review: Public Employment Developments for 2015

As 2015 comes to a close, we will be taking a look back at the major public law issues that impacted New Jersey municipalities and other public entities. Particularly in the area of employment law, where this year saw a number of legal developments, including new laws and precedential court

SCOTUS to Decide If the Government Can Challenge Patents

Year in Review: Key Decisions Impacting New Jersey Municipalities

In 2014, New Jersey state and federal courts issued several important decisions that impacted municipalities and local agencies. In case you missed our posts, below is a brief summary: Open Public Records Act: In O’Boyle v. Borough of Longport, the New Jersey Supreme Court held that the common interest rule

New Jersey Court Clarifies Veteran Property Tax Exemption

“Buy American” Legislation Clears New Jersey Assembly Committee

New Jersey lawmakers are currently considering legislation that would expand requirements that public agencies use goods made in the United States for public contracts. While the intent of the proposed law is certainly commendable, it would impose a number of new requirements on New Jersey municipalities. Assembly Bill No. 3059

NJ Appeals Court Rules OPRA Requests Subject to OPRA

Will New Jersey Supreme Court Create Bright Line Rule for Development Conflicts?

The New Jersey Supreme Court recently heard oral arguments in Grabowsky v. Twp. of Montclair. The key issue in the case is whether municipal officials should be precluded from participating in development approvals if they belong to organizations that may be impacted by the project. The Facts of the Case

NJ Supreme Court Rules Co-Op Board’s Leaflet Ban Violated Resident’s Free Speech Rights

In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of