The U.S. Supreme Court recently granted certiorari in Murr v. Wisconsin. This case will address how to define the term “parcel as a whole” in a regulatory taking case, a question that has divided the federal and state courts. The Facts of the Case The Murr family owns two contiguous
The U.S. Supreme Court’s new term began earlier this month. The Justices have already agreed to consider several cases that could impact New Jersey municipalities. This post offers a brief preview. Public Unions: In Friedrichs v. California Teachers Association, the Supreme Court will reconsider its long-standing precedent in Abood v.
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
The U.S. Supreme Court recently issued a decision in T-Mobile South LLC v. City of Roswell, which involved the city’s denial of a cell tower application. The Court held that the federal Telecommunications Act mandates that municipalities provide a written explanation when denying a request, and that the explanation must
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
The U.S. Supreme Court recently agreed to consider whether an Arizona town’s sign ordinance violates the First Amendment, as applied to a local church. Under long-standing First Amendment precedent, content-based restrictions on speech are closely scrutinized and upheld only if they are “narrowly tailored” to a “compelling government interest.” Reed
New Jersey municipalities should be aware of an important U.S. Supreme Court decision addressing the expanded free speech rights of public employees. In Lane v. Franks, a unanimous Court held that the First Amendment protected a public employee when he testified truthfully about fraud in the work place pursuant to
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