NJ Appeals Court Upholds Ordinances Imposing Landlord Fees

In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by     N.J.S.A. 10:4–14; and (2) to provide employees, whose

NJ Supreme Court Rules Public Auction Records Subject to OPRA

In William J. Brennan v. Bergen County Prosecutor’s Office, the Supreme Court of New Jersey held that the state’s Open Public Records Act (OPRA) compels the disclosure of documents including the names and addresses of persons who successfully bid at an auction of public property. The court’s decision is particularly

NJ Court Allows Limited Disclosure of Disabled Student Records

The Appellate Division of the New Jersey Superior Court has cleared the way for advocacy organizations to gain access to redacted reports detailing settlement agreements and other student records related to services provided to disabled and special needs students. Under the court’s decision, organizations must establish that they are bona

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was