Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

Court Rules AG’s Internal Affairs Guidelines Do Not Provide OPRA Exemption

The Open Public Records Act (OPRA) continues to generate legal issues for New Jersey municipalities. In Paff v. Bergen County, the Superior Court of New Jersey held that following Attorney General’s Internal Affairs Policy and Procedures does not constitute a recognized exception to OPRA’s general requirement favoring disclosure of government

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Appeals Court Finds City of Hoboken Erred in Applying Redevelopment Law

In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a resolution passed by the City of Hoboken because it misapplied a requirement under New Jersey’s Local Redevelopment and Housing Law (LRHL). Facts of the Case The dispute in Neumann v. City of Hoboken concerns Resolution

Proposed DLGS Rule Defines “Managerial Executive Employees” Under Local Government Ethics Law

COAH Fails to Adopt Third Round Regulations: What’s Next?

On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round

Jersey City Updates Tax Abatement Policy and Procedures

Legislation to Extend Permit Extension Act Introduced in New Jersey Assembly

On October 16, several New Jersey lawmakers introduced legislation to extend the Permit Extension Act of 2008 for another two years. The statute, which was first enacted during the recession, extends the expiration date of certain permits and other governmental approvals. As we have previously discussed on this blog, the

SCOTUS Won’t Hear Public School Teacher’s First Amendment Case

Municipal Ordinance Governing Hotel Records at Center of U.S. Supreme Court Case

The U.S. Supreme Court recently agreed to consider a case involving a municipal ordinance authorizing law enforcement to inspect hotel guest registries without obtaining a warrant. The ordinance at issue was passed by the City of Los Angeles; however, more than 70 other states, counties, and cities across the country

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court Rules Communications Between Recused Municipal Lawyer and Substitute Counsel Are Privileged

New Jersey municipalities often retain more than one attorney to handle their legal matters. In a recent decision, a New Jersey court confirmed that the attorneys should be able to confidentially share information. In 297 Palisades Urban Renewal v. Borough of Bogota, the court specifically held that communications between recused

NJ Judge Rules Police Dash Cam Videos Subject to OPRA

NJ Judge Rules Police Dashboard Camera Videos Subject to OPRA

A New Jersey judge recently ruled that videos recorded by police dashboard cameras are subject to New Jersey’s Open Public Records Act (OPRA). The decision is expected to have wide implications, particularly given that Gov. Chris Christie recently signed a new law that will require that certain police vehicles be