Municipal land use

Statutory Amendment Trumps "Law of the Case"

In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011). The Council on Affordable Housing ("COAH") denied approval of a regional...

1 2 3 4 5 6 7 8 9 1011

Council on Unfunded Mandates Cannot Go Beyond Determining That a Statute Represents an Unfunded Mandate

Reed v. Muoio, ___ N.J. ___ (2026). As Justice Noriega said in his unanimous opinion in this appeal, the case centered on a 1995 amendment to the New Jersey Constitution, N.J. Const. art. VIII, § 2, ¶ 5), that "prohibit[ed] any law, rule, or regulation that was determined to be an unfunded mandate." The amendment directed the Legislature to establish the Council on Unfunded Mandates ("the Council") to resolve whether a statute, rule, or regulation was an unfunded mandate. The issue in this case was whether the Council exceeded its powers....

The Last Days of June in the Appellate Division

In the time since the most recent post on this blog about published Appellate Division opinions, that court issued published rulings in four cases. Here are summaries:...

An Oft-Overlooked Anniversary: The 1776 New Jersey Constitution

New Jersey's current Constitution was adopted in 1947. Less well-known, however, is that New Jersey's first Constitution was adopted in 1776, on July 2 of that year. (In between, New Jersey adopted a new Constitution in 1844, which gets little attention these days). Thus, as we near the celebration of 250 years since the Declaration of Independence on July 4, today is also a day to celebrate....

The Last Days of June in the Supreme Court

In the time since the most recent post on this blog about Supreme Court opinions, the Court issued rulings in three cases. Here are summaries:...