NJ Supreme Court Creates New Conflict of Interest Rule for Development Approvals

In Grabowsky v. Twp. of Montclair, the Supreme Court of New Jersey held that municipal officials could be disqualified from voting on redevelopment matters if they belong to organizations that may be impacted by the project. Under the newly established conflict of interest rule, when a public official serves in

NJ Supreme Court Decides Sewer Rights Case

In 388 Route 22 Readington Realty Holdings, LLC v. Township of Readington, the New Jersey Supreme Court addressed the circumstances under which a municipality may exercise its discretion to repurchase unused sewer capacity. While the state’s highest court ultimately upheld the sewer ordinance, it concluded that its blanket policy of

New Brunswick to Revise Anti-Panhandling Ordinances After Legal Challenge

The City of New Brunswick recently settled a lawsuit challenging two ordinances intended to restrict panhandling. One ordinance required a permit to solicit charitable contributions, while the other made it unlawful to beg or solicit food or monies on any street or sidewalk within the city. The plaintiff, a homeless

NJ Supreme Court Addresses Indemnification of School Employees

The Supreme Court of New Jersey recently addressed whether N.J.S.A. 18A:16-6 entitles a school board employee to indemnification for attorney fees and costs spent in defense of a civil action arising from the same allegations contained in a dismissed criminal indictment. In L.A. v. Board of Education of the City

NJ Court Finds Church Solely Used for Storage Qualifies for Property Tax Exemption

The Tax Court of New Jersey recently clarified the standard for determining whether a tax-exempt religious organization qualifies for a property tax exemption when the property is no longer used for worship services. The court’s decision in Borough of Hamburg v. Trustees of the Presbytery of Newton is particularly useful

Divided NJ Supreme Court Eases Requirements for Development Area Designation

In 62-64 Main Street, LLC, et al. v. The Mayor and Council of the City of Hackensack, the Supreme Court of New Jersey held that, in most instances, a municipality need not expressly find that deteriorated conditions on a property negatively affect surrounding properties, in order to declare the deteriorated

Administration of NJ Affordable Housing Rules Goes Back to the Court

On March 10, the Supreme Court of New Jersey transferred the administration of affordable housing rules back to the courts, effectively stripping the “moribund” Council on Affordable Housing (COAH) of any power to regulate where and when affordable housing will be built in New Jersey. The much-anticipated decision opens yet

NJ Supreme Court Sides With Township Over Municipal Land Use Authority

In Griepenburg v. Township of Ocean, the Supreme Court of New Jersey addressed the power of municipalities to zone property consistent with their Master Plan and Municipal Land Use Law (MLUL) goals. In addition to finding the ordinances at issue were not were not arbitrary, capricious, or unreasonable, the court