Tag: Administrative agency actions

Tailoring Required: The Appellate Division Reins in Overbroad OPRA Requests

This is a guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC. Shipyard Associates, L.P. v. City of Hoboken, 2015 N.J. Super. Unpub. LEXIS 2117 (App. Div. Sept. 1, 2015).  The Appellate Division yesterday reaffirmed the ...

The Anniversary of Hinfey v. Matawan Regional Bd. of Educ.

As the role of administrative agencies has grown, it has happened that more than one agency has, or arguably has, jurisdiction over the same matter.  How is it determined which agency should act?  On this date in 1978, the Supreme ...

What is an “Agenda”? Perhaps the Supreme Court Should Tell Us

Opderbeck v. Midland Park Bd. of Educ., 442 N.J. Super. 40 (App. Div. 2015).  The Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 (“OPMA”), adopted in 1975, requires advance notice to the public of the “agenda, to the extent known” ...

The Supreme Court Sends a Difficult Child Abuse Case Back to the Office of Administrative Law

Department of Children & Families v. E.D.-O., 223 N.J. 166 (2015).  Child abuse and neglect cases are often heartbreaking.  Branding a parent as abusive and neglectful is a hard step to take, but is sometimes necessary to protect the child.  ...

IFPA Claims by Private Insurers are Subject to Trial by Jury

Allstate New Jersey Ins. Co. v. Lajara, 222 N.J. 129 (2015).  The Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to-30 (“IFPA”), permits insurance companies to sue those who engage in insurance fraud, and to recover compensatory and treble damages, as well ...

Land Use Litigant Cannot “Make a Mockery of the Exhaustion Doctrine”

Casser v. Knowlton Tp., 441 N.J. Super. 353 (App. Div. 2015).  Two consolidated cases, three Law Division judges who had pieces of these matters, and a lengthy and convoluted procedural history, including a prior appeal, were some of the key ...

Nobody’s Perfect

In re Petition of Fishermen’s Atlantic City Windfarm, LLC, 2015 N.J. Super. Unpub. LEXIS 1265 (App. Div. May 29, 2015).  This not precedential decision, issued last Friday, May 29, addresses issues relating to whether the decisions of the Board of ...

Another Failure to Act by COAH, and Another Court Gives a COAH Power to the Courts Instead

In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015).  The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that the Council on Affordable Housing (“COAH”) “may authorize a municipality ...

The Appellate Division Addresses a “Rehash”

New Jersey Healthcare Coalition v. New Jersey Dep’t of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015).  According to today’s opinion by Judge Reisner, every few years “health care providers and other interested parties” file suit to contest ...

A Blockbuster Opinion: The Supreme Court Gives COAH’s Powers Back to the Courts

In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015).  As foreshadowed by the oral argument, the Supreme Court today granted Fair Share Housing Center’s motion for relief in aid of litigants’ ...