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Blog Category: Municipal Government

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...

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...