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

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

In DiMarco v. Zoning Board of Adjustment of the Borough of Edgewater and Three Y LLC, the Appellate Division of the New Jersey Superior Court ruled that a resident who lives approximately 2½ miles from a proposed development project can pursue a late lawsuit challenging a municipal zoning approval. In

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

The U.S. Supreme Court continues to issue decisions impacting New Jersey municipalities. In Shurtleff v. City of Boston, 596 U. S. ____ (2022), the U.S. Supreme Court held that the city of Boston violated the First Amendment when it rejected an application to fly a Christian flag on one of

SCOTUS Declines to Hear School Transgender Bathroom Case

The U.S. Supreme Court has declined to hear Doe v. Boyertown Area School District. The Court’s refusal to grant certiorari means that the Third Circuit’s decision allowing a Pennsylvania school district to adopt a transgender-friendly bathroom policy will remain in place.  Challenge to Transgender Bathroom Policy Prior to the 2016–17 school

Unemployed Volunteer Firefighter Entitled to Disability Benefits

In Kocanowski v. Township of Bridgewater, (A-55-17/080510) (Decided February 19, 2019), the Supreme Court of New Jersey held that the lack of outside employment did not disqualify a volunteer firefighter from receiving disability benefits. According to the court, N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing