A recent United States Supreme Court decision clarifies a key area of administrative law while also providing telecommunications providers with potential grounds to argue that a municipality is not promptly reviewing development applications for telecommunication facilities. In City of Arlington, Texas v. Federal Communications Commission, No. 11-1545 (May 20, 2013), the
The New Jersey Supreme Court recently considered what happens when more than one entity plays a role in handling a property’s sewage. The court concluded that both entities were entitled to collect a non-duplicative sewer connection fee. The Facts of the Case Under the New Jersey Sewerage Authorities Law, N.J.S.A.
The New Jersey Supreme Court recently upheld an arbitration award in a dispute between a municipality and local labor union. In doing so, it highlighted that courts should give great deference to arbitration awards in New Jersey public-sector labor disputes so long as they are reasonably debatable. The Facts of
Legislation that would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations is advancing through both the state Senate and Assembly. As we have previously discussed on this New Jersey Government & Law Blog, the New Jersey Supreme Court
New Jersey still has a large inventory of foreclosed properties. As a result, many municipalities are seeking to condemn the properties for redevelopment and other purposes. In a recent decision, the Appellate Division clarified that that a New Jersey condemning authority is not obligated to negotiate with the assignee of
The U.S. Supreme Court recently began its October 2012 term. While issues like affirmative action, gay marriage, and voting rights are some of the most-highly anticipated issues on the docket this term, it is sometimes the lesser-known cases that really make waves. As New Jersey public law attorneys, we are
The New Jersey Supreme Court refused to give a New Jersey public employee a second bite at the apple. It held that the rejection of a claim of employer retaliation in a civil service disciplinary proceeding should bar the employee from seeking to circumvent that discipline through a subsequent Conscientious
In an interesting discrimination case working its way though the federal court system, the New Jersey Port Authority maintains that it is not covered by the New Jersey Law Against Discrimination (NJLAD). The argument relies on an unpublished Third Circuit Court of Appeals decision that appears to suggest that the
