NJ Court Addresses Special Service Charges Under OPRA

Under the Open Public Records Act (OPRA), custodians may impose a reasonable special service charge when fulfilling a records request that “involves an extraordinary expenditure of time and effort.” Having outside counsel review invoices to redact privileged information does not meet the criteria, according to the court’s decision in Nunnermacker

NJ Appeals Court Addresses Separation of Powers in County Executive Governments

A recent decision by the Appellate Division of the New Jersey Superior Court sheds light on the separation of powers between the county executive and board of freeholders in a county executive form of government. In Donovan v. Bergen County Board of Chosen Freeholders, the appeals court specifically considered (1)

DEP Scores Trial Victory in Day Care New Jersey Contamination Case

New Jersey’s Department of Environmental Protection (DEP) is claiming victory after a state judge ordered multiple defendants to pay $6.13 million to reimburse the agency for the costs of cleaning up mercury contamination in Franklin Township. The case, New Jersey Department of Environmental Protection v. Navillus Group, involved the site

Red Bulls Soccer Team Must Pay Property Taxes

The New York Red Bulls soccer team, owned by Austrian billionaire Dietrich Mateschitz, recently lost their case before New Jersey Superior Court. The team’s stadium is located in Harrison, New Jersey. The appeals court recently upheld the lower-court’s decision that the Red Bulls owe at least $2.8 million in 2010

New Jersey’s Mortgage Foreclosure Statute has been Amended

Governor Christie recently signed P.L. 2014 c. 5, a law that amends New Jersey’s mortgage foreclosure statute. The legislation was sponsored by Senator Ron Rice and Assemblyman Ralph Caputo. Pursuant to N.J.S.A. 46:10B-51 et seq., there are numerous requirements placed on banks, savings and loan associations, credit unions and other

OPRA Request Upheld by NJ Appellate Court

The Superior Court of New Jersey Appellate Division recently published its opinion in the case of American Civil Liberties Union of New Jersey (ACLU-NJ) v. New Jersey Division of Criminal Justice (NJ-DCJ). The issue before the court was whether, in response to a request for government records under the Open

Council On Affordable Housing Issues New Draft Regulations For Affordable Housing

Earlier this month the Council on Affordable Housing (“COAH”) issued a new set of draft regulations in response to a recent ruling from the New Jersey State Supreme Court to replace, albeit for the third time, what had been commonly referred to as the “Third Round” regulations.  The issuance of

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

New Jersey Court Rules on a Freeholder Director’s Veto Power

The Superior Court of New Jersey in Salem County approved its opinion in the case of Salem County Improvement Authority v. Salem County Board of Chosen Freeholders for publication on May 12, 2014, concerning the extent of a freeholder director’s veto power under N.J.S.A. 40:37A-50. Facts of the case Here,