New Jersey Law

The Old Red Mill in Clinton

Public Entity Achieves Favorable OPRA Ruling

In a case of first impression in New Jersey, the Court decided that the plaintiff was not entitled to attorneys’ fees where the plaintiff had failed to advise a public entity before filing suit that their response to OPRA (Open…

CATEGORIES: Municipal Law

New Jersey Supreme Court Decides COAH Is Ineffective and Opens the Courtroom Doors for Enforcement of Municipal Fair Share Housing Obligations – Gives Municipalities 120 Days to Act

This article was initially posted on March 24. On April 14 the post was updated to provide a more in depth analysis of the decision.

On March 10, 2015 the New Jersey Supreme Court took another step in the continuing …




Use of Email, Wireless Facilities

Edward PurcellEdward Purcell presented a seminar to the New Jersey Society of Municipal Engineers on April 5, 2017 regarding issues related to wireless facilities in the municipal right-of-way. Edward also published an article in the newsletter of the Municipal Clerks Association…

CATEGORIES: Municipal Law

NJ App. Div. addresses exemption under the Highlands Act for grandfathered approvals.

In a recent decision, Intellect Real Estate Development v. NJDEP, the Appellate Division addressed a provision of the Highlands Water Protection and Planning Act which provides an exemption for permits gaining certain approvals before a specified date. Intellect Real Estate…


NJ Supreme Court Rules on Effect of Potential Zoning Change in Eminent Domain Case

In the recent New Jersey Supreme Court decision, Borough of Saddle River v. 66 East Allendale, LLC, the Court considered whether, in a trial on just compensation, it was proper to allow the jury to hear evidence on the likelihood…


Errant Fees to Be Refunded

Martin AllenThe NJ Supreme Court has rescinded the fees charged to municipalities for counterclaims in tax court matters. This change was in part a result of the efforts and advocacy of our Tax Department and its chair, Martin Allen, as…


Contract purchaser cannot file tax appeal

Presiding Tax Court Judge DeAlmeida rendered a very interesting decision in Omega Storage v Lawrence Township. In this case of first impression, Judge DeAlmeida ruled that a contract purchaser did not have standing to file a tax appeal.
In other …



Martin Allen Quoted in Investigative Report

Martin AllenMartin Allen was quoted in an investigative report entitled “Tax-exempt hospitals’ risky offshore investments” that appeared in lohud.com The Journal News (part of USA Today Network).

Read more about the report here.…


PROPERTY TAXES AND NON-PROFIT ORGANIZATIONS

Property Taxes and Non-Profit Organizations - Martin AllenMartin Allen was interviewed on NJTV News regarding property taxes and New Jersey non-profit organizations.

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Too Many Appraisals, Too Little Credibility A Cautionary Tax Court Tale

The Tax Court in a recent unreported decision allowed evidence, including adjustments to comparable sales by a pro se taxpayer at trial. However, the case, Kula v. Township of Downe, provides a more important strategic lessons to municipal attorneys …