Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J.  Super. ___ (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 application.  Under that provision, regulations that are in effect “on the date of submission of an application for development” will apply.  But what qualifies a submission to a p

Kean Federation of Teachers v. Morell, ___ N.J. Super. ___ (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 two issues under the OPMA.  The first was what is meant by the statute’s requirement, in N.J.S.A. 10:4-14, that minutes of a public body’s meetings be made “promptly available.”  T

Scheeler v. Office of the Governor, ___ N.J. Super. ___ (App. Div. 2017).  In these consolidated appeals, plaintiffs each sent requests under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), to various public agencies.  Those requests all sought copies of other OPRA requests made of those agencies within specified time frames.  The agencies resisted, to varying extents.  Plaintiffs sued under OPRA.  Defendants all relied primarily on Gannett N.J.