Oral Arguments Held in NJ Cases Involving Constitutionality of Church Grants

The Supreme Court of New Jersey recently held oral arguments in two cases regarding whether the New Jersey Constitution bans government agencies from giving grants to local churches. The cases are Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders and American Civil Liberties Union of New Jersey v.

Bill Would Ban Punitive Damages Against NJ Public Entities

A bill currently under consideration in the New Jersey Assembly would ban punitive damages against public entities. It would also eliminate awards of noneconomic damages against both public entities and public employees except in certain cases involving physical injury.  Specifically, Assembly Bill No. 4252 amends the New Jersey Tort Claims

“Highest and Best Use” Must Be Legally Permissible Under NJ Zoning Laws

In N.J. Transit Corp. v. Franco, the Appellate Division reversed a just compensation award of $8,150,000. It held that the owners of the condemned property failed to establish a reasonable probability that the municipality would grant the zoning changes required to develop the property for its “highest and best use.”

Affordable Housing Legislation Addresses COAH “Gap” Period

Legislation is currently pending in the New Jersey Senate and Assembly that would clarify municipal affordable housing obligations. The proposed bills clarify that such obligations should only reflect present and prospective need. As previously discussed on the Scarinci Hollenbeck Government & Law Blog, an Ocean County Superior Court Judge recently

Worker May Rely on Doctor’s Testimony to Bring NJLAD Claim Against Municipality

In Patricia Delvecchio v. Township of Bridgewater, the Supreme Court of New Jersey held that an aggrieved public employee could rely on the testimony of a treating physician, who has not been designated as an expert witness, to establish the existence of a disability for a claim under the New