Piscitelli v. City of Garfield Bd. of Adj., 237 N.J. 333 (2019). Conflict of interest issues are often sticky. That was doubly so in this case, which the Supreme Court decided today, since there were not just one but two ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants ...
Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (App. Div. 2017). Plaintiffs operated the Cigar Emporium in West Caldwell. In that business, they sell tobacco products, but they also make tobacco products available to be smoked on ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...
Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017). As a public body, Kean University’s Board of Trustees is subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 to,-21 (“OPMA”). This decision by Judge Fuentes addressed ...
DePolo v. Tredyffrin Tp. Bd. of Supervisors, 835 F.3d 381 (3d Cir. 2016). Jeffrey DePolo is a ham radio enthusiast in Pennsylvania. He applied to defendant Zoning Hearing Board of Appeals (“ZHBA”) for a variance that would allow him to ...
Sixty-five years ago today, on November 20, 1950, the Supreme Court decided Fischer v. Bedminster Tp., 5 N.J. 534 (1950). That opinion, written by Justice Heher, contains one of the earliest and best post-1947 Constitution expositions of the action in ...
Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013). This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at 423 N.J. Super. 49 (App. Div. 2011), and discussed here. ...
Price v. Himeji, LLC, 214 N.J. 263 (2013). Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a multi-story residential building in a zone where that use was ...