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Blog Category: Municipal Government

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...

NJ Supreme Court Reverses Appellate Division’s Expansion of Rice Notice Requirement

Jun 29, 2018 | Written by: Tara St. Angelo, Esq. |

Recently, in Kean Federation of Teachers v. Ada, 2018 WL 3062207 (N.J. June 21, 2018), the New Jersey Supreme Court overturned the Appellate Division’s decision that required all employees to...

NJ Supreme Court Affirms That Only Complete Development Applications are Protected by “Time of Application” Rule

Jun 28, 2018 | Written by: Tara St. Angelo, Esq. |

In Dunbar Homes, Inc. v. Zoning Bd. of Adj. of Franklin Twp., 2018 WL 3041000 (N.J. June 20, 2018), the NJ Supreme Court upheld the decision of the Appellate Division that incomplete development...

Proposed Legislation on Municipal Payments in Lieu of Taxes (PILOTs)

Jun 12, 2018 | Written by: Richard P. Cushing, Esq. |

Many municipalities in New Jersey, faced with either deteriorating downtowns, blighted properties, or affordable housing litigation threats from developers, are creatively using PILOTs (payments in...

Tax Court Upholds Assessment Where Plaintiff’s Appraiser Fails to Verify Comparable Sales Data

Dec 6, 2017 | Written by: Tara A. St. Angelo, Esq. |

The Tax Court recently held that an appraiser must verify the data associated with comparable sales used in an appraisal report in order to provide reliable evidence of fair market value of a property...

Gebhardt & Kiefer Successfully Defends Privacy Interests of Municipal Employee in OPRA Payroll Records Lawsuit

Dec 5, 2017 | Written by: Tara A. St. Angelo, Esq. |

On November 17, 2017, the Appellate Division issued its decision in favor of Gebhardt & Kiefer’s client, the Borough of Washington.  Tara St. Angelo, Esq. argued the appeal on behalf of...