NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Citizens of Walsh Act Municipalities Have the Same Right to a Referendum on Authorizing Indebtedness as Citizens of Other Types of Municipalities Do

In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012). The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum...

Abraham Lincoln: "A Lawyer's Word is His Bond"

Today, February 13, 2012, New Jersey's state courts are closed in observance of the birthday of Abraham Lincoln exactly 203 years ago yesterday. Leaving aside a Supreme Court of New Jersey...

Police Officer Who Enters Premises in the Line of Duty is At Least a Licensee, to Whom Landowner Owes a Duty of Care

Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (2012). Plaintiff was a police officer whose duties in a "Safe Streets" program included checking vacant apartment buildings for drugs or other illicit activity. Plaintiff was going down...

Supreme Court Civil Practice Committee Proposes Amendments to Certain Appellate Rules

The Supreme Court's Civil Practice Committee has issued its biannual report on proposed changes to the New Jersey Court Rules. Some of the proposed amendments affect the Part II (Appellate) rules....

Appellate Division Ousts Morris County Freeholder in Resolving Election Dispute

Nordstrom v. Lyon, 424 N.J. Super. 80 (App. Div. 2012). William "Hank" Lyon was a media star last year. In his early 20's, and a newcomer to the political scene, Lyon ran for Morris...

Supreme Court Grants Review of Hoffman v. Supplements Togo

Today, the Supreme Court announced that it had granted certification to review the Appellate Division's decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The...

An Important (Though Currently Unpublished) New Class Action Opinion

Wenger v. Cardo Windows, Inc., 2012 WL 280254 (App. Div. Feb. 1, 2012). Plaintiffs in this consumer class action sought injunctive relief and statutory civil penalties against defendants in connection...

Warrant Required for Municipal Inspector to Enter Premises

State v. Heine, 424 N.J. Super. 48 (App. Div. 2012). Ellen Heine, the owner of a property in Garfield, was found guilty in municipal court of violating provisions of the Garfield property maintenance code....

Public Agency Supervisor May be Individually Liable Under Family Medical Leave Act

Haybarger v. Lawrence County Adult Probation & Parole, 667 F.3d 408 (3d Cir. 2012). Plaintiff Debra Haybarger worked for defendant, an agency of the Pennsylvania Court of Common Pleas. Plaintiff has several...

A Unique Experience Before the Supreme Court of New Jersey

Today, I had the pleasure of arguing an important case involving choice of law, statute of limitations, and federal preemption issues before the Court. But only one Justice, Justice Lavecchia,...

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A Municipal Court Administrator is Employed by the Township, Not the Administrative Office of the Courts

Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...

Supreme Court to Take Up Two Published Appellate Division Opinions

The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter....

South Seaside Park Can Detach Itself From Berkeley Township

Whiteman v. Township Council of Berkeley Township, ___ N.J. ___ (2025). South Seaside Park is a small (490 year-round residents) barrier island community that has been annexed to the Township of Berkeley ("the Township"). South Seaside Park sought to deannex itself from the Township and to be annexed instead to the Borough of Seaside Park. South Seaside Park followed a statutory petitioning procedure in doing so. The Township refused consent. South Seaside Park went to court and won a ruling from the Law Division that rejected the Township's refusal. The Appellate Division affirmed. Yesterday, in a unanimous opinion by Justice Patterson, the Supreme Court affirmed as well....

Megan's Law "Not Likely to Pose a Threat to the Safety of Others" Extends to Non-Sexual as Well as Sexual Re-Offenses

In re Registrant S.O., ___ N.J. Super. ___ (App. Div. 2025). This appeal presented a pure legal issue relating to the "public safety prongs" contained in the termination provisions of Megan's Law, N.J.S.A. 2C:7-2(f), and the Community Supervision for Life statute ("CSL"), N.J.S.A. 2C:43-6.4(c). Judge Vanek crystallized that "novel" issue as "whether, on a registrant's application to terminate Megan's Law and CSL obligations, the phrase ‘not likely to pose a threat to the safety of others' should be broadly interpreted with the trial court considering threats to safety from subsequent non-sexual and sexual offenses or whether the inquiry should be limited to the threat of sexual re-offense only." The panel held that the broader view was the correct one....