Blog Category: Municipal Government
The Impact of Daniel’s Law on Local Municipalities
Mar 5, 2021 | Written by: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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: | Share
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...