Blog Category: Municipal Government
NJ Courts Uphold the Use of Video Conferencing Software for Public Meetings
Apr 18, 2022 | Written by: | Share
In two recent cases, New Jersey courts have validated municipalities’ use of video conferencing software to conduct remote meetings in compliance with the Open Public Meetings Act (“OPMA”)....
NJ Supreme Court Requires Release of Police Internal Affairs Records in Certain Circumstances
Apr 13, 2022 | Written by: | Share
In Rivera v. Union County Prosecutor’s Office (March 14, 2022), the New Jersey Supreme Court held that police internal affairs records may be subject to public access in certain circumstances under...
NJ Supreme Court Confirms Employment-Related Settlement Agreements Can Be Redacted in Response to OPRA Requests
Mar 11, 2022 | Written by: | Share
The New Jersey Supreme Court recently clarified a public agency’s obligation to produce a settlement agreement resolving a personnel disciplinary action pursuant to the Open Public Records Act...
Appellate Division Finds Municipal Records Custodian Acted Reasonably in Conferring with IT Consultant on OPRA Request
Mar 2, 2022 | Written by: | Share
In McMorrow v. Borough of Englewood Cliffs, A-3192-19 (decided Feb. 25, 2022), the NJ Appellate Division confirmed a records custodian’s right to consult with professionals with regard to an Open...
Tax Court Requires Evidence of Assets and Liabilities to Justify Relaxing Tax Payment Requirement
Mar 2, 2022 | Written by: | Share
In Branchburg Hospitality LLC v. Twp. of Branchburg, Tax Court Docket No 11494-21 (Feb. 25, 2022), the Tax Court upheld the County Tax Board’s dismissal of a complaint where the taxpayer had failed...
Appellate Division Determines Planning Board Can Properly Consider Variance from “Building Coverage” as Bulk Variance
Feb 25, 2022 | Written by: | Share
In MSO, Inc. and 208 Glen Rock Assoc., LLC v. Glen Rock Borough Planning Board, et al. (Docket No. A-3430-19; decided Feb. 18, 2022), the NJ Appellate Division upheld the decision of the Glen Rock...
Appellate Division Applies Common Interest Doctrine to Deem Email Exempt from OPRA Disclosure
Feb 16, 2022 | Written by: | Share
The NJ Appellate Division recently upheld a municipality’s refusal to disclose an email pursuant to an Open Public Records Act (“OPRA”) request where the email was subject to the attorney-client...
Appellate Court Upholds Zoning Board Decision That Gas Station and Convenience Store are Two Separate Uses
Feb 10, 2022 | Written by: | Share
The NJ Appellate Division upheld a Zoning Board’s denial of an application to construct a combined gas station and convenience store based, in part, on the Board’s determination that such...
Tax Court Upholds Non-Residential Development Fee on Property Subject to Long-Term Tax Exemption Law
Feb 9, 2022 | Written by: | Share
Pursuant to New Jersey state law (N.J.S.A. 40:55D-8.1 et seq.) and municipal ordinances, non-residential developers are required to contribute to a municipality’s affordable housing trust fund as a...
Recent Amendments to Daniel’s Law Ease Municipal Concerns Regarding OPRA Compliance
Feb 4, 2022 | Written by: | Share
The tragic murder of Judge Esther Salas’s son, Daniel – killed solely because he was the child of a federal judge – will not soon be forgotten. In response to that horrific and senseless...