Late last month, an Atlantic County Superior Court judge ruled that the Buena Vista Township must provide access to security camera footage of a public meeting room, pursuant to a request made under the New Jersey Open Public Records Act (OPRA). The Facts of the Case On July 29, 2014,
The Appellate Division recently addressed whether the Safe Dam Act (SDA) preempts local land use approval requirements as well as municipal ordinances. In United Water New Jersey v. Hillsdale, the court held that the Borough of Hillsdale was preempted by state law from applying such requirements to a dam improvement
A New Jersey court recently clarified that a plaintiff cannot utilize the Declaratory Judgment Act to seek a declaration that its rights were violated under Open Public Records Act. In The Stop & Shop Supermarket Company, LLC v. The County of Bergen, the court also held that an OPRA complaint
The Appellate Division recently upheld the Civil Service Commission’s (CSC) decision to repeal N.J.A.C. 4A:4-4.8(b)(4), which had required appointing authorities to provide a “statement of the reasons why the appointee was selected instead of a higher ranked eligible [candidate].” The Legal Background Pursuant to the New Jersey Constitution, Civil Service
With the holidays around the corner, festive displays of Christmas trees, colored lights, menorahs, nativities, reindeer, and snowmen will soon be popping up across New Jersey. While private property owners can decorate as they wish, public entities must be mindful of the constitutional separation of church and state. Under the
Legislation to reform the Port Authority of New York and New Jersey is now pending before the governors of the two states. If Gov. Chris Christie and Gov. Andrew Cuomo sign off, the bills would mark the first bi-state legislation signed into law in 23 years. While efforts to improve
On October 17, the Federal Communications Commission (FCC) approved a new rule that will dramatically limit the ability of New Jersey municipalities to regulate the expansion or modification of existing wireless communications equipment. The new FCC wireless facility siting rule includes measures to expedite the environmental and historic preservation review
In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas
