Blog Category: Municipal Government
Can a City’s Historic Preservation Officer Decide If a Structure is Historic?
Aug 9, 2023 | Written by: | Share
In cities and towns with older buildings, issues often arise as to whether existing structures are truly historic in nature and are subject to restrictions precluding demolition or limiting proposed...
Prevailing Litigants in Common Law Right of Access Cases Not Entitled to Attorneys’ Fees
Jun 23, 2023 | Written by: | Share
On June 20, 2023, the New Jersey Supreme Court ruled on a matter of significance for all New Jersey municipalities. In the case of Gannett Satellite Information Network, LLC v. Township of Neptune,...
Appellate Division Declines to Extend Mount Laurel Obligations to “Quasi-Public” Utilities
Feb 22, 2023 | Written by: | Share
In a recent decision, JAS Group Enterprises v. PSE&G (App. Div. Feb. 1, 2023), the NJ Appellate Division held that a “quasi-public” utility company is not bound by Mount Laurel obligations and...
New Law Amends Construction Inspection Process
Jan 13, 2023 | Written by: | Share
On January 5, 2023, New Jersey Governor Murphy signed Bill A573 amending the Uniform Construction Code (UCC) in an effort to streamline and speed up the construction permitting process. Under the...
Appellate Division Limits Access to Certain Public Employee Settlement Agreements Under OPRA
Sep 29, 2022 | Written by: | Share
The Open Public Records Act (OPRA) exempts from disclosure "the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to...
NJ Court Holds That OPRA Requests Must be Submitted to Public Entity’s Records Custodian, Even If Parties are Involved in Pending Litigation
Aug 12, 2022 | Written by: | Share
Most records custodians for public entities have undoubtedly encountered an Open Public Records Act (OPRA) request from an individual plaintiff or attorney engaged in a lawsuit against the public...
NJ District Court Provides Guidance to Municipalities Seeking to Regulate Short-Term Rentals
Jun 17, 2022 | Written by: | Share
The regulation of short-term rentals has become controversial in recent years as an increasing number of municipalities seek to enact ordinances. Litigation throughout the State of New Jersey has...
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...