New Jersey Law

The Old Red Mill in Clinton

Is a Volunteer Firefighter an Employee Entitled to the Protections of the Conscientious Employee Protection Act (CEPA)?

Volunteers Are Not Protected by CEPA

The Plaintiff, a volunteer firefighter, appealed the Court’s decision granting summary judgment dismissing his claims against the Colts Neck Volunteer Fire Co.. Plaintiff claimed that he had a valid cause of action under the…


NJ Board of Public Utilities Agrees with Firm Attorney on Important Right-Of-Way Issue

The New Jersey Board of Public Utilities (NJBPU) has issued a Frequently Asked Question (FAQ) notice regarding the placement of wireless facilities in the municipal right-of-way (ROW) by Competitive Local Exchange Carriers (CLECs). CLECs are companies authorized by the…


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 …




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…


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 …



Unanimous Approval from Planning Board

Jeff LehrerPartner Jeff Lehrer, on behalf of his client RMS Liberty Place Urban RenewalEntity LLC, received unanimous approval from the Union, NJ Planning Board for the development of property known as the “Schaefer Salt Redevelopment Property”. Click here for the


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 …



Developers benefit from “Time of Application” law passed on May 5.

On May 5, 2010, Governor Christie signed into law P.L. 2010, Chapter 9, known as the “Time of Application” law, which protects the rights of a developer by requiring the municipality to apply the zoning in place when application is…