New Jersey municipalities should be aware of a key privacy decision issued by the U.S. Supreme Court late last month. The Court held that police officers must obtain a search warrant prior to reviewing a suspect’s cell phone, even if the search is incident to an arrest. In the digital
In Advance Housing v. Teaneck, the Supreme Court of New Jersey upheld the tax-exempt status of two non-profit institutions that provide supportive housing and services. In doing so, the court rejected the arguments of several New Jersey municipalities that there was not a sufficient nexus between the housing and support
The Federal Communication Commission (FCC) recently published a Notice of Proposed Rulemaking that may impact how New Jersey municipalities address requests to locate wireless telecommunications equipment. The FCC’s Notice of Proposed Rulemaking (NPR) specifically includes potential measures to expedite the environmental and historic preservation review of new wireless facilities, as
Some businesses in the City of Camden will have to close their doors at 11 p.m. The Appellate Division of the New Jersey Superior Court recently upheld a local ordinance that requires businesses located within residential zones or located less than 200 feet from a residential zone to shutter their
While many New Jersey police officers work extra hours, holding elected office is not a permissible second job. In Adair v. Wildwood, the Appellate Division of the New Jersey Superior Court recently ruled that Wildwood police officer Gary DeMarzo could not also serve as the city’s mayor. The Facts of
The Appellate Division of the Superior Court of New Jersey recently upheld an ordinance adopted by the City of Hoboken to license and regulate businesses that remove and store motor vehicles. The court held that city was well within its authority under N.J.S.A. 40:48–2.49, which outlines the aspects of towing
The New Jersey Appellate Division recently found that the clerk of the City of Hoboken failed to comply with Optional Municipal Charter Law, commonly known as the Faulkner Act, when refusing to file a referendum petition submitted by a committee of citizens. The case, Tumpson v. Farina, provides a great
In a recent workers’ compensation case involving a municipal employee, the Appellate Division clarified the requirements for obtaining temporary disability benefits. Johnson v. Hamilton Township particularly addressed the medical evidence required for temporary as opposed to permanent disability under New Jersey law. The Facts of the Case Michael P. Johnson
