Tag: Municipal ordinance

NJ Appeals Court Strikes Down Residential Apartment Licensing Ordinance

In Timber Glen Phase III, LLC v. Township of Hamilton, the Appellate Division of the New Jersey Superior Court addressed the authority of municipalities to license residential rental properties. The appeals court ultimately concluded that the ordinance, which required the registration and licensing of apartment units, fell outside the authority

New Law Regarding Snow Removal From Fire Hydrants

As we enjoy the last weeks of summer, the Farmer’s Almanac is predicting another cold and snowy winter for New Jersey. To help ensure that fire hydrants stay clear of snow and can be quickly accessed by emergency responders, Gov. Chris Christie recently signed a law that will authorize municipalities

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Los Angeles v. Patel: U.S. Supreme Court Strikes Down Municipal Ordinance

In a 5-4 decision, the U.S. Supreme Court struck down a municipal ordinance enacted by the City of Los Angeles. In City of Los Angeles v. Patel, the majority held that the ordinance, which authorized police to inspect motel registration records without advance notice, violated the Fourth Amendment of the

NJ Court Void Municipal Zoning Ordinances Over Lack of Personal Notice

NJ Court Void Municipal Zoning Ordinances Over Lack of Personal Notice

In Weinberger v. Township of Lakewood, Judge Vincent J. Grasso recently ruled that the Township of Lakewood’s zoning ordinances were null and void because the municipality failed to provide personal notice. While the municipality argued that it was exempt because it conducted a master plan review, the court rejected the

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas

SCOTUS Won’t Hear Public School Teacher’s First Amendment Case

Municipal Ordinance Governing Hotel Records at Center of U.S. Supreme Court Case

The U.S. Supreme Court recently agreed to consider a case involving a municipal ordinance authorizing law enforcement to inspect hotel guest registries without obtaining a warrant. The ordinance at issue was passed by the City of Los Angeles; however, more than 70 other states, counties, and cities across the country

NJ Senate Passes Bill Requiring Public Disclosure of Bidders’ List

Appellate Division Rules that Courts Can’t Rewrite Initiative Petitions

In a matter of first impression, the Appellate Division of the New Jersey Superior Court ruled that in a pre-election challenge courts do not have the authority to remove a problematic provision from a proposed law and order that it be placed on the ballot, even when it contained a