Blog Category: Municipal Government
Supreme Court to Alleviate Confusion Over Whether Police Dash Cam Recordings are Subject to OPRA
Dec 19, 2016 | Written by: | Share
The Appellate Division currently has conflicting decisions on whether police dash cam videos are subject to OPRA (Open Public Records Act). However, it is anticipated that this conflict will be...
Appellate Division Says COAH Rules and Regulations Do Not Support a “Gap” Period Affordable Housing Obligation
Jul 19, 2016 | Written by: | Share
The battle over New Jersey municipal affordable housing obligations continues, with municipalities on one side and Fair Share Housing Center (“FSHC”), the New Jersey Builder’s Association...
Appellate Division Addresses Township Liability for Falling Tree Limbs
May 23, 2016 | Written by: | Share
A recent Appellate Division case, Connor vs. Township of East Brunswick, determined two interesting issues pertaining to the dangers presented by publicly owned Bradford Pear and other ornamental and...
Legislative Summary: Selected Bills Recently Enacted as Public Laws That Relate to Local Units of Government
May 18, 2016 | Written by: | Share
Following is a brief summary of bills that were enacted as public laws by the New Jersey Legislature in late 2015/early 2016 and may be of interest to our municipal and public entity clients:
Municipalities Are Not Required to Create Email Logs in Response to OPRA Requests
Apr 20, 2016 | Written by: | Share
In April 2016, the Appellate Division unanimously held in the case of Paff v. Galloway Township (Docket No. A-0125-14T4) that the Open Public Records Act (OPRA) does not require a records custodian to...
Do You Have the Right to Take Cellphone Videos of Police Activities?
Mar 2, 2016 | Written by: | Share
Citizen witnesses have sometimes been known to videotape and thereby expose police misconduct. You may wonder whether, if you thought the police were misbehaving, you would have the right to videotape...
Municipalities Should Review Their Landlord Registration Ordinances in Light of Timber Glen
Feb 19, 2016 | Written by: | Share
Recently, the Appellate Division issued an opinion regarding a municipality’s authority to license residential rental properties pursuant to the New Jersey Licensing Act, N.J.S.A. 40:52-1 et seq. ...
Records Custodian Not Obligated to Respond to Duplicative OPRA Requests or Accommodate Overbroad OPRA Requests
Dec 22, 2015 | Written by: | Share
The Appellate Division in Lagerkvist v. Officer of the Governor of the State of New Jersey, et al., Docket No. A-0250-14T3 (Dec. 17, 2015) held that a records custodian did not violate the Open Public...
Gebhardt & Kiefer Successfully Defends Municipality’s Use of N.J.S.A. 2C:34-7 to Regulate Location of Sexually Oriented Businesses
Dec 4, 2015 | Written by: | Share
On November 24, 2015, the Appellate Division issued its decision in favor of Gebhardt & Kiefer’s client, the Township of East Hanover. Richard Cushing, Esq. argued the appeal on behalf of...
OPRA’s Applicability to Volunteer Fire Departments and Rescue Squads
Sep 4, 2015 | Written by: | Share
New Jersey Courts have recently issued decisions regarding the applicability of the Open Public Records Act (OPRA) to volunteer fire departments and rescue squads in Brooks v. Tabernacle Rescue Squad,...