Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018).  In one of the biggest constitutional decisions of the current term, an unusually divided Supreme Court today modified and affirmed the decision of the Appellate Division in this Legislative Review Clause case.  The Appellate Division’s decision, which was reported at 447 N.J. Super. 584 (App. Div. 2016), was discussed in detail here. There were two issues:  (1) the standard of judicial review of concurrent resolutions of the Legislature regarding the consistency of administrative...

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Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (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 here, the Appellate Division ruled that an application need not be “complete” in order to trigger this “time of application [TOA] rule,” but need only include all...