In Scoblink-O’Neill v. Local Finance Board, the Appellate Division recently concluded that the former Mayor of the Borough of Haddon Heights did not violate New Jersey’s Local Government Ethics Law when he facilitated the appointment of his personal attorney as borough counsel. The Facts of the Case Susan Scoblink-O’Neill filed
In a recent decision, the Appellate Division of the New Jersey Superior Court declined the Borough’s request to set a bright-line rule that completion of discovery or the commencement of a disciplinary appeal precluded a related retaliation suit. Instead, the court held that the imposition of estoppel involves a “fact-sensitive
In 2014, New Jersey state and federal courts issued several important decisions that impacted municipalities and local agencies. In case you missed our posts, below is a brief summary: Open Public Records Act: In O’Boyle v. Borough of Longport, the New Jersey Supreme Court held that the common interest rule
In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of
The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities
The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent
The Supreme Court of New Jersey recently ruled that the New Jersey Division of Property Management and Construction (Division) acted properly when it awarded a contract for the lease of office space to the lowest bidder. The state’s highest court also concluded that the Director of the Division correctly determined
The New Jersey Supreme Court recently addressed what happens when the New Jersey Open Public Records Act (OPRA) and attorney-client privilege intersect. In O’Boyle v. Borough of Longport, the state’s highest court specifically addressed the application of the common interest rule to litigation documents requested under OPRA and the common
