Jun 22

Rice Letters, and Making Meeting Minutes of Public Bodies “Promptly Available,” Under the Open Public Meetings Act

Posted by on Jun 22, 2018 in Judges, Standards of review, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments

Kean Federation of Teachers v. Morell, ___ N.J. ___ (2018).  Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and was discussed here.  Without reiterating all the underlying facts of this Open Public Meetings Act (“OPMA”) case, there were t

Jun 20

“Time of Application” Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Posted by on Jun 20, 2018 in Judges, Municipal land use, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J. ___ (2018).  In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of submission of [the] application for development.”  In Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017), discussed

Jun 14

The TCCWNA and Towing Companies

Posted by on Jun 14, 2018 in Administrative agency actions, Appellate Division, Class actions, Consumer protection, Judges, Notable opinion writing, Standards of review, Statutory interpretation, Summary judgment | 0 comments

Pisack v. B&C Towing, Inc., ___ N.J. Super. ___ (App. Div. 2018).  This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. (“TCCWNA”), and even the Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”).Â