NJ Appeals Court Upholds Municipality’s Sewer Ordinance

NJ Appeals Court Upholds Municipality’s Sewer Ordinance

The Appellate Division of the New Jersey Superior Court recently upheld a sewer ordinance enacted by the Borough of Lodi. In Arnot 40 Realty, LLC v. Borough of Lodi, the panel found that the ordinance, which significantly raised rates for non-residential sewer usage, was not arbitrary, capricious, or unreasonable. The

NJ Appeals Court Rejects Fire Chief’s Implied Contract Claim to Retirement Benefits

NJ Appeals Court Rejects Fire Chief’s Implied Contract Claim to Retirement Benefits

A New Jersey appeals court recently found that Camden’s former fire chief was not entitled to additional retirement pay based on oral promises made by city officials. In Marini v. Camden, the Appellate Division of the New Jersey Superior Court found that in the absence of written proof, such as

Matters of the Heart: NJ Schools Must Comply With New Cardiac Emergency Regulations

Matters of the Heart: NJ Schools Must Comply With New Cardiac Emergency Regulations

Students aren’t the only ones headed back to school this fall. New Jersey municipalities and school districts are learning to apply new emergency regulations. The curriculum will be: preparation to comply with two new laws intended to improve how schools respond to cardiac emergencies. The first addresses educators, coaches and

NJ Court Finds Township of Edison Wrongfully Denied Police Promotions

In two related cases, the New Jersey Superior Court’s Appellate Division recently concluded that several “lame duck” police promotions made by the former mayor of the Township of Edison were arbitrary and capricious, requiring the promotions to be set aside. The Facts of the Case The cases both resulted from

Deadline for NJ Municipalities to Participate in SEC’s Continuing Disclosure Initiative Approaching

Deadline for NJ Municipalities to Participate in SEC’s Continuing Disclosure Initiative Approaching

The deadline is approaching for New Jersey municipalities to participate in the Securities and Exchange Commission’s (SEC) compliance initiative involving continuing disclosure requirements related to outstanding bonds and other securities. SEC’s Municipalities Continuing Disclosure Cooperation Initiative is intended to address what the agency views as “potentially widespread violations of the

NJ Supreme Court Rules Faulkner Act Violation Warrants Award of Attorneys Fees

The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent

NJ Municipality to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

New Brunswick to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

The City of New Brunswick impermissibly blocked a bar owner’s efforts to open a restaurant and sports bar to be named “Buck Foston’s,” according to a New Jersey jury. It awarded plaintiff Lawrence D. Blatterfein more than $1.5 million for the violation of his First Amendment rights. The Facts of

Atlantic City Internal Affairs

Court Rules Atlantic City Internal Affairs Files Are Discoverable

In Groark v. Timek, a New Jersey federal judge issued a ruling that has the potential to destroy the confidential nature of internal affairs files. The ruling will compel not only Atlantic City internal affairs files to be produced for the named defendant officers, but also all other officers. Further,