An Ocean County Superior Court Judge recently considered whether the court has the authority to impose an obligation upon municipalities to satisfy the affordable housing need which arose from the end of the second round housing cycle in 1999 to the present. In his opinion, Judge Mark Troncone held that
As the New Year begins, we will be taking a look back at the public law developments that took place in 2015. In the area of land use, there were a number of legal developments that impacted both public entities and private developers. Below is a brief recap of some
As 2015 comes to a close, we will be taking a look back at the major public law issues that impacted New Jersey municipalities and other public entities. Particularly in the area of employment law, where this year saw a number of legal developments, including new laws and precedential court
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
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
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
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
Even though they have important jobs, 9-1-1 operators are not infallible. In Wilson v Jersey City, the New Jersey Supreme Court held that emergency service providers are entitled to immunity from lawsuits unless they recklessly disregard the safety of the public in a way that is “willful and wanton.” In
