In City of Orange Township Board of Education v. City of Orange Township, the Appellate Division granted the City of Orange Board of Education’s application for an injunction to prevent the City of Orange from acting on a voter-approved referendum to change from a Type I to Type II school
New Jersey municipalities that are considering holding a public referendum to exceed either the two percent levy cap or the zero percent appropriation cap should be mindful of approaching deadlines. In a recent notice, the Division of Local Government Services (DLGS) provided guidance for scheduling elections and managing the New
A New Jersey trial court recently held that the City of Wildwood’s “cap bank” ordinance, which allows the municipality to bank and utilize permitted appropriations in future years, is not subject to referendum. The case is Baltuskonis v. City of Wildwood. The Facts of the Case In 2014, the Wildwood
Key deadlines are approaching for New Jersey municipalities, on a calendar fiscal year, that are considering holding a public referendum to exceed either the two percent levy cap or the one and a half appropriation cap. In a recent notice, the Division of Local Government Services provided guidance for managing
The case of Harrison Board of Education v. Netchert, which was recently approved for publication, presented what the court deemed an “interesting conundrum”: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. The court ultimately answered no.
In 2014, New Jersey state and federal courts issued several important decisions that impacted municipalities and local agencies. In case you missed our posts, below is a brief summary: Open Public Records Act: In O’Boyle v. Borough of Longport, the New Jersey Supreme Court held that the common interest rule
The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent
In Finkel v. Township Committee of Township of Hopewell, the Appellate Division of the New Jersey Superior Court considered the interplay between two statutes governing the timeframe for submitting municipal referendums for inclusion on a ballot. The panel concluded that municipalities must follow all applicable deadlines and declared the referendum