NJ Appellate Division Issues Key Healthcare Contribution Decision

NJ Appellate Division Issues Key Healthcare Contribution Decision

The Appellate Division of the New Jersey Superior Court recently issued a key decision regarding public employee contributions to health insurance plans. The case, Paterson Police PBA v. City of Paterson, specifically addressed the definition of “base salary” under N.J.S.A. 40A:10-21(b). The Facts of the Case The city of Paterson,

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

Appellate Division Rules For-Profit Company Does Not Qualify as “Public Agency” Under OPRA

In a recent decision, the Appellate Division of the New Jersey Superior Court confirmed that the state’s Open Public Records Act (OPRA) only applies to true “public entities.” The court rejected the notion that a for-profit corporation could fall under OPRA simply because it performs taxpayer-funded, governmental activities. The Facts

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

NJ Court Rules Bar’s Legal Challenge Is Moot Because Municipality Rescinded Ordinance

Martell’s Tiki Bar’s Legal Challenge to a Point Pleasant Beach ordinance that would have restricted its operating hours is moot because the borough subsequently rescinded the measure, according to a New Jersey Superior Court ruling. The court further concluded that because the bar suffered no damages due to the ordinance, attorney’s

NJ Appeals Court Sides with Morris County in Condemnation Action

NJ Appellate Division Issues Key Decision on Zoning for Mixed Market Rate and Affordable Housing

The Appellate Division of the New Jersey Superior Court recently issued an important decision regarding housing projects that feature affordable housing and mixed rate housing. In Advance at Branchburg II, LLC v. Township of Branchburg Board of Adjustment, the Court held that while affordable housing is an “inherently beneficial use”

NJ Appeals Court Criticizes GRC and OAG Over Handling of OPRA Request Regarding NYPD Surveillance

NJ Court Rules OPRA Exception Applies to Police Complaints Not Leading to Charges

A New Jersey court recently held that law enforcement records related to police complaints that do not ultimately lead to criminal charges are not subject to the New Jersey Open Public Records Act (OPRA). In these cases, the court reasoned that privacy interests take precedence over the public right to

Mount Holly Fair Housing Case Settled

Mount Holly Fair Housing Case Settled in Advance of U.S. Supreme Court Hearing

The U.S. Supreme Court will not hear oral arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, which centers on whether disparate impact claims can be brought under the Fair Housing Act. The parties agreed to settle the suit earlier this month. As previously discussed on this Government

New Jersey Lawyer

Appellate Division Upholds City of Camden’s Business Curfew

Some businesses in the City of Camden will have to close their doors at 11 p.m. The Appellate Division of the New Jersey Superior Court recently upheld a local ordinance that requires businesses located within residential zones or located less than 200 feet from a residential zone to shutter their

NJ Council on Local Mandates Rejects Bail Reform Challenge

Third Circuit Rules Conduct By Atlantic City Police Department Did Not Constitute Sexual Harassment

The U.S. Court of Appeals for the Third Circuit recently upheld a district court decision dismissing claims of sexual harassment against the Atlantic City Police Department. The case, Clayton v. City of Atlantic City, highlights that aggrieved employees must be able to prove that the conduct was severe or pervasive