Skip to Content

Blog Category: Municipal Government

Substantial Compliance for Notices of Tort Claims Means Just That

Jul 30, 2021 | Written by: Jacob A. Papay, Jr., Esq. |

According to the NJ Tort Claims Act (NJTCA), a public entity is only liable for claims of negligence under the terms and conditions of the Act, NJSA 59:1-1, et seq. 

NJ Extends Utility Shutoff Moratorium Through End of Year

Jun 11, 2021 | Written by: Matthew P. Lyons, Esq. |

On June 4, 2021, New Jersey Governor Phil Murphy signed legislation (A5820) ending the COVID-19 state of emergency in 30 days, but extending certain emergency orders until December 31, 2021.

The Impact of Daniel’s Law on Local Municipalities

Mar 5, 2021 | Written by: Matthew P. Lyons, Esq. |

In November 2020, the State of New Jersey enacted Daniel’s Law, which aims to provide privacy protection to those who protect all of us (judges, prosecutors, and law enforcement officers).

“Outdoor Dining Expansion” Bill Becomes Law

Feb 25, 2021 | Written by: Matthew P. Lyons, Esq. |

On Feb. 5, 2021, New Jersey Governor Phil Murphy signed the “Outdoor Dining Expansion” bill into law.  The fast-tracked legislation, which skipped committee votes, allows restaurants, bars,...

Municipal Websites Should Comply with the ADA

Jan 13, 2020 | Written by: Tara A. St. Angelo, Esq. |

Lawsuits alleging that websites violate provisions of the Americans with Disability Act (ADA) have spiked in recent years.  One review of federal lawsuits estimates that over 2,000 lawsuits alleging...

Exhaustion of Remedies No Longer Required in Constitutional Takings Cases

Jul 12, 2019 | Written by: Leslie A. Parikh, Esq. |

In Knick v. Township of Scott, Pa. (No. 17-647), decided June 21, 2019, the U.S. Supreme Court overruled the longstanding precedent set forth in Williamson County v. Hamilton Bank (1985), which...

Tax Court Rules that Unmanaged Forest Land Does Not Qualify for Farmland Assessment

Apr 3, 2019 | Written by: Tara A. St. Angelo, Esq. |

The Tax Court held in Hertz v. Borough of Lincoln Park, Docket No. 009897-2017 (Jan. 8, 2019) that unmanaged forest land does not qualify for farmland assessment.  Pursuant to the Farmland Assessment...

Appellate Division Again Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

Apr 2, 2019 | Written by: Tara A. St. Angelo, Esq. |

Earlier this year, the Appellate Division held that violations of the Local Government Ethics Law (N.J.S.A. 40A:9-22.5 et seq.) require a showing of intent.  Cosby-Hurling, et al., v. Local Finance...

Appellate Division Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

Feb 27, 2019 | Written by: Tara A. St. Angelo, Esq. |

City of Linden Council members recently appealed a determination of the Local Finance Board on summary judgment that they had violated N.J.S.A. 40A:9-22.5(c) by using their positions to secure an...

Appellate Decision Cautions Land Use Board Members Against Ex Parte Communications with Applicants

Feb 25, 2019 | Written by: Tara A. St. Angelo, Esq. |

On appeal in Sternas v. DMH2, LLC, A-2051-16T4 (Feb. 4, 2019), the Appellate Division considered whether the Class II Planning Board member, who was also the municipal engineer, had a conflict of...