While unsuccessful bidders may challenge a bid rejection, no cause of action exists for damages by an unsuccessful bidder against the bidder who was awarded the contract, according to a recent decision by the Appellate Division of the New Jersey Superior Court. The Facts of the Case In Brockwell &
Last week, the Appellate Division of the Superior Court of New Jersey issued a key decision regarding the state’s Open Public Records Act (OPRA). In Bozzi v. City of Atlantic City, the panel ruled that public entities can only charge OPRA rates for bid specifications even if the specifications are
The Supreme Court of New Jersey recently upheld the New Jersey Commissioner of Education’s (Commissioner) decision to deny Quest Academy’s application to open a charter school in Montclair. The court ruled that “the Commissioner’s decision to deny Quest Academy’s charter school application was amply supported by the record and was
The Appellate Division of the New Jersey Superior Court recently ruled in favor of the Morris County Municipal Utilities Authority in a public bidding dispute. In Waste Management of N.J. Inc. v. Morris County Municipal Utilities Authority, the court held that the trial judge mistakenly overlooked his authority to impose
In Surety Mechanical Services v. Bridgton Board of Education, the Appellate Division of the New Jersey Superior Court upheld the decision of the Bridgton Board of Education to reject all of the bids submitted to perform upgrades at one of its schools. The court concluded that the board was well
The Appellate Division of the New Jersey Superior Court recently upheld the dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. The Appellate Division agreed with the trial court that certain procedural errors that occurred during the approval process were technical in nature and
The Federal Communication Commission (FCC) recently published a Notice of Proposed Rulemaking that may impact how New Jersey municipalities address requests to locate wireless telecommunications equipment. The FCC’s Notice of Proposed Rulemaking (NPR) specifically includes potential measures to expedite the environmental and historic preservation review of new wireless facilities, as
In a recent decision, the Appellate Division of the New Jersey Superior Court highlighted that requests under New Jersey’s Open Public Records Act (OPRA) and discovery conducted pursuant to a lawsuit are two distinct legal tools. The Facts of the Case Burke v. Ocean County involved an OPRA request filed
