COAH Fails to Adopt Third Round Regulations: What’s Next?

On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round

NJ Appellate Division Rules Officer Entitled to Accident Disability Benefits After Being Pierced With Hypodermic Needle

The Appellate Division of the New Jersey Superior Court recently ruled that an Essex County sheriff’s officer was entitled to accidental disability benefits after being pierced with a hypodermic needle when attempting to take a suspect into custody. The court concluded that the Board of Trustees of the Police and

Appellate Division Doesn’t “Waiver” on NJDEP Rule But Invalidates Guidance

The Appellate Division recently upheld regulations promulgated by the New Jersey Department of Environmental Protection (NJDEP) known as the “waiver rules.” The controversial rules allow the agency to waive compliance with environmental regulations under certain circumstances, including if it there is a conflict among regulations; if they impose an undue

Legislation Would Limit Condemnation Awards for Beach Replenishment

Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes. The bill, S-2618/A-3896, would amend the “Eminent Domain

Kwon’s Failure to Withdraw Makes History

Judicial nominees who withdraw their names when they know they don’t have the votes for confirmation are never remembered very long. Philip Kwon, on the other hand, has made his mark on New Jersey legal history by either becoming the first or one of very few nominees to the New

Practice of “Sequencing” Comes Under Fire in Rutgers Open Meeting Case

The New Jersey Supreme Court is currently considering whether Rutgers University broke New Jersey law when its Board of Governors met privately to discuss the university’s football program. Because it is a state institution, Rutgers is subject to New Jersey’s Open Public Meetings Act (OPMA) and must follow certain rules

Should Rutgers Law School Clinics Be Subject to OPRA?

New Jersey’s Open Records Act continues to dominate the legal headlines. As legislative efforts are underway to expand OPRA New Jersey’s public law schools are seeking to avoid it. The New Jersey Supreme Court will soon decide whether certain records related to the Rutgers Environmental Law Clinic’s representation of its