In New York v. New Jersey, the U.S. Supreme Court held that New Jersey can’t withdraw from its Waterfront Commission Compact with New York, at least not yet. The justices granted the State of New York’s motion for preliminary relief, enjoining the State of New Jersey from unilaterally withdrawing from
In State v. Kyle A. Smart (A-6-22/087315) (Decided March 8, 2023), the Supreme Court of New Jersey held that the automobile exception to the warrant requirement, as set forth in State v. Witt, 223 N.J. 409 (2015), did not permit the warrantless search of defendant Kyle Smart’s vehicle after an
In Norman International Inc. et al. v. Admiral Insurance Co.(A-24-21/086155) (Decided August 10, 2022), the Supreme Court of New Jersey upheld Admiral Insurance Co.’s denial of coverage to a window coverings company, concluding that the insurer properly relied on a policy exclusion. According to the court, the policy’s broad and
In Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (A-76-20/085606) (Decided July 18, 2022), the Supreme Court of New Jersey held that a condominium association must use arbitration to pursue its insurance coverage claims seeking to recover default judgements against two contractors. According to the court, Crystal Point Condominium
Police officers accused of misconduct do not have an automatic right to appeal an order denying qualified immunity in an action under the New Jersey Civil Rights Act (NJCRA), according to a recent decision by the Supreme Court of New Jersey. Rather, a defendant seeking to challenge a trial court’s
On August 20, 2021, the New Jersey Cannabis Regulatory Commission (CRC or Commission) released its much-anticipated initial rules, which will govern the cultivation, manufacture, and sale of recreational cannabis in the state. The rules became effective upon filing with the Office of Administrative Law and will be in effect for
The United States District Court for the District of New Jersey recently struck down the New Jersey Cemetery Act. In Rosedale and Rosehill Cemetery Association v. Twp. of Readington, the federal court ruled that the statute, which empowers municipalities to consent to new cemeteries within their borders, is unconstitutionally vague.
Digital billboards continue to spur land use litigation in New Jersey. In Klein Outdoor Advertising, Inc. v. City of Jersey City Zoning Board of Adjustment, the Appellate Division of the New Jersey Superior Court upheld a zoning board’s decision to deny an application to construct a digital billboard on property
