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Blog Category: Municipal Government

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...

Volunteer Firemen May Not Pursue a Whistleblower Claim Under the Conscientious Employee Protection Act

Oct 26, 2017 | Written by: Richard P. Cushing, Esq. |

Judge Accurso of the Appellate Division recently ruled in the case of Jeffrey Sauter v. Colts Neck Volunteer Fire Company No. 2 that volunteer firemen are not entitled to the protection of the...

Are Municipal Fire Companies Subject to the Open Public Records Act?

Aug 30, 2017 | Written by: Richard P. Cushing, Esq. |

For a number of years, there have been vexing questions as to whether volunteer fire companies are considered public entities or simply a group of volunteers who get together to fight fires.  The...

City’s Delay in Abating Dangerous Condition Deemed Not Unreasonable

May 23, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently held that a delay of more than one year in abating a “dangerous condition” was not “palpably unreasonable” because the municipality was required to publicly bid...

Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees

May 22, 2017 | Written by: Tara St. Angelo, Esq. |

Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees.  N.J.S.A. 47:1A-6.  However, the Court held in...

Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure

Apr 7, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in...

NJ Legislature Considers OPRA Amendment to Limit Access to Personal Information and Alter Fee-Shifting Provision

Mar 2, 2017 | Written by: Tara St. Angelo, Esq. |

In February 2017, New Jersey Assembly Bill 4532 was introduced and subsequently voted out of the State and Local Government Committee.  The bill would amend the Open Public Records Act (OPRA) by...

Appellate Division Broadens Rice Notice Requirements

Feb 22, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently broadened the circumstances under which a Rice Notice is required to be given to an employee. New Jersey requires public entities to provide employees with notice of a...