Momentum is growing among New Jersey municipalities to expand the New Jersey Open Public Records Act (OPRA) to include state lawmakers. The basic argument is “if us, why not them?” Under the current law, OPRA’s disclosure requirements apply to “public agencies,” which are defined as: The executive branch of state
Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey
In a recent decision, the Superior Court of New Jersey outlined the procedures that must be followed when litigation surrounding a planning board decision results in the filing and acceptance of a new application. The Facts of the Case Pawlynsky v. Princeton Planning Board centered on a parcel of
A recent decision by the Appellate Division of the New Jersey Superior Court highlights the balancing process required for a use variance even when an entity proposes an inherently beneficial use of its property. In 636 Inman LLC v. Woodbridge Twp. Bd. of Adjustment, the court determined that the local
A recent New Jersey Superior Court decision sheds lights on the appropriate date for valuing condemned property pursuant to the Eminent Domain Act of 1971. In Hoboken v. Ponte Equities, the court held that early actions by a municipality to condemn a property do not fix the date; rather, market
A New Jersey federal judge recently certified a class action lawsuit against the City of East Orange. The plaintiffs in the case are law enforcement officers who allege that the city failed to compensate them for overtime wages in accordance with the Fair Labor Standards Act (FLSA). Under the FLSA,
Gannet Co.’s lawsuit against borough of Raritan is one of the longest-running suits under New Jersey’s Open Public Record Act (OPRA). In the latest development, a special master appointed by the court has awarded the newspaper company $542,000 in legal fees. The case, which dates back to 2009, involves Raritan’s
In the past, New Jersey courts have increasingly construed requests under N.J.S.A. 54:4-34 (Chapter 91) very strictly against municipalities. The statute authorizes assessors to seek expense and income information from property owners and allows a municipality to dismiss a tax appeal if the owner fails or refuses to respond within
