Municipal Holiday Displays: Spreading Cheer Without Legal Headaches

With the holidays around the corner, festive displays of Christmas trees, colored lights, menorahs, nativities, reindeer, and snowmen will soon be popping up across New Jersey. While private property owners can decorate as they wish, public entities must be mindful of the constitutional separation of church and state. Under the

Executive Order Will Expedite Dune Construction

Gov. Chris Christie has signed an executive order that will help New Jersey municipalities move forward with dune construction, beach replenishment, and other flood risk reduction measures in the wake of Hurricane Sandy. The action is intended to facilitate the acquisition of privately owned land that is needed to complete

Are Incorrect Lot Numbers Fatal Under NJ’s Municipal Land Use Law?

The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the

Uncertainty Over COAH Funds Continues for NJ Municipalities

New Jersey municipalities have again received letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, a recent court order provides at least a temporary reprieve. The Fair Share Housing Act allows the state to seize money that has gone

Appellate Division Finds Municipality NEVER Liable for Conduct of 9-1-1 Operators

The New Jersey Appellate Division recently ruled that public entities enjoy broad immunity for the conduct of their 9-1-1 Operators, regardless of culpability. Robert E. Levy Esq., of Scarinci Hollenbeck, argued the winning side of the case for the Township of Irvington in the case, Turner v. Township of Irvington,

Third Circuit Rules NJ Municipality Can Ban All Billboards

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit upheld a New Jersey municipality’s ordinance prohibiting billboards. The court specifically found that the total billboard ban did not violate free speech guarantees under the First Amendment to the U.S. Constitution. The Facts of the Case In

Public Entities Immune from Vicarious Liability in 9-1-1 Operations

Earlier this week, we told you about Wilson v. City of Jersey City, in which the Appellate Division (on remand from the Supreme Court) held that the conduct of Jersey City’s 9-1-1 operators was not “wanton and willful” and thus they were entitled to immunity pursuant Title 52, N.J.S.A. 52:17C-10.

Who Were The People Responsible For NJ Congressional Redistricting in 2012?

Democrats in New Jersey experienced their greatest loss since the defeat of Governor John Corzine in this month’s primary.  Congressional redistricting resulted in a divisive Democratic Primary between two incumbent Congressmen in the 9th Congressional District and the expected loss of one Democratic member of Congress from the New Jersey