Upcoming U.S. Supreme Court Cases Could Impact NJ Municipalities

The U.S. Supreme Court’s new term began earlier this month. The Justices have already agreed to consider several cases that could impact New Jersey municipalities. This post offers a brief preview.  Public Unions: In Friedrichs v. California Teachers Association, the Supreme Court will reconsider its long-standing precedent in Abood v.

NJ Supreme Court Sends Critics of Camden’s Police Regionalization Back to the Drawing Board

Last month, the Supreme Court of New Jersey held in Redd v. Bowman that challengers to the City of Camden’s decision to regionalize its police force proposed a valid ordinance to maintain the existing police structure. However, the state’s highest court ultimately concluded that the related referendum petition could not

NJ Appeals Court Upholds Hoboken’s Affordable Housing Ordinance

In Fair Share Housing Center v. Zoning Board of Hoboken, et al., the Appellate Division considered five consolidated appeals filed to determine the enforceability of an affordable housing ordinance adopted by the City of Hoboken. The appeals court ultimately determined that the ordinance was enforceable, overturning the trial court’s ruling.

NJ Supreme Court Rules Police Officers Entitled to Qualified Immunity from Civil Rights Claims

In Morillo v. Monmouth County Sheriff Officers, the New Jersey Supreme Court held that government officials were entitled to qualified immunity for civil rights claims arising under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2 and the federal Civil Rights Act of 1871, 42 U.S.C. 1983. Most importantly, especially

NJ Supreme Court Sides With School Board in Whistleblower Case

In State v. Ivonne Saavedra, the Supreme Court of New Jersey held that a school board clerk could be criminally indicted for taking confidential documents from the North Bergen Board of Education. In so ruling, the court rejected the defendant’s arguments that that Quinlan v. Curtiss-Wright Corp., 204 N.J. 239

Los Angeles v. Patel: U.S. Supreme Court Strikes Down Municipal Ordinance

In a 5-4 decision, the U.S. Supreme Court struck down a municipal ordinance enacted by the City of Los Angeles. In City of Los Angeles v. Patel, the majority held that the ordinance, which authorized police to inspect motel registration records without advance notice, violated the Fourth Amendment of the

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