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Blog Category: Municipal Government

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...

Appellate Division Declines to Apply Heightened Standard to Zoning Ordinances that Contradict State and Regional Plans

Feb 20, 2019 | Written by: Tara A. St. Angelo, Esq. |

In Merck Sharp & Dohme Corp. v. Township of Branchburg, A-0843-16T1 (App. Div. Dec. 13, 2018), the Township of Branchburg appealed the trial court’s holding that invalidated a 2008 land use...

Profit-Making Parking Authorities are Entitled to Common Law Snow and Ice Removal Immunity

Aug 1, 2018 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently held that a municipal parking authority, the South Orange Parking Authority (SOPA), was immune from liability for injuries the plaintiff sustained after slipping and...

Appellate Division Upholds Termination of Chemistry Teacher

Jul 12, 2018 | Written by: Tara St. Angelo, Esq. |

A tenured chemistry teacher recently appealed a trial court’s decision in his case against the Hunterdon Central Regional High School District Board (the “Board”).  The Board had referred...

OPRA and Security Camera Footage

Jul 10, 2018 | Written by: Tara St. Angelo, Esq. |

The New Jersey Supreme Court in Gilleran v. Twp. of Bloomfield, 227, N.J. 159 (2016) set forth a test to determine whether security footage of public buildings should be disclosed pursuant to an Open...