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VOLUME 42 NUMBER 2 APRIL 2019
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Submissions for future volumes of the
LOCAL GOVERNMENT LAW REVIEW
should be sent to:
Thomas W. Dunn, Esq.
49 Indian Field Court
Mahwah, NJ 07430
or to
The deadline for the July issue is June 15, 2019
____________________________________________________________
EDITOR’S NOTE
In this issue of the Law Review we have our usual complement of abstracts of the reported and
unreported decisions of our courts. Believe it or not, we have two unanimous decisions from the
United States Supreme Court on matters of some interest to local government attorneys: civil
forfeiture as an excessive fine, and the applicability of the Age Discrimination in Employment
Act to local government units with fifteen or fewer employees.
In addition to our usual features, we have the following:
• A brief article entitled "The Institute, As Amicus, Wins Again" about a case in which
the Institute, the League, and the New Jersey Municipal Excess Liability Joint Insurance
Fund intervened on behalf of the Jersey City Police Department.
• A portion of the League Legislative Bulletin reports on recently enacted laws. It came
to us too late for our analysis in this edition, so our Legislative Editor will summarize the
most important of those laws in the next edition.
• Copies of the January, March and April issues of The Town Crier Blog from the website
of the League of Municipalities found at https://njlmblog.wordpress.com/. This
publication, by League Staff Attorney Frank Marshall, Esq., contains lucid, in depth
discussions about legislation and legal trends that we think our members will find helpful.
There is a three part discussion of the proposed cannabis legislation and the articles on
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local government regulation and the expungement provisions of that statute, should be
particularly interesting to our readers
We remind you that the bookmarks pane in either the PDF or ePub edition contains a subject
matter index for our case summaries.
Again, we encourage you to consider submitting an article that qualifies for the $1,000 Walter T.
Wittman Prize in writing. You have until September 15 to submit an article to us. One that
might be interesting would take a municipal attorney's perspective on the public-private
partnership legislation that just went into effect. See the March Town Crier Blog for more
information on that topic. But don't wait. Please consider any other interesting topic and
contact us about it by email to [email protected].
If you are involved in a case and you think the opinion is good, send it along. Articles,
comments, and letters can be submitted electronically in Word format. We prefer to have
copies of cases in Adobe pdf format, but will take whatever format is convenient.
Electronic copies of back issues of The Local Government Law Review from 2010 onward can
be found in the Members Only section of the Institute’s website (www.njilga.org). If you need a
copy of materials from the Local Government Law Review published before 2010, you may
email a request to [email protected].
Thomas W. Dunn, Editor
Trishka Waterbury Cecil, Assistant Editor
Richard J. Allen, Associate Editor
Bruce H. Bergen, Associate Editor
Samantha J. Castrelos, Associate Editor
Jean L. Cipriani, Associate Editor
Leslie A. Parikh, Associate Editor
Ed Purcell, Associate Editor
Tara St. Angelo, Associate Editor
Joseph Wenzel, Associate Editor
Steven Goodell, Legislative Editor
William John Kearns, Jr. (ex officio)
April 2019
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LOCAL GOVERNMENT LAW REVIEW
APRIL 2019
VOLUME 42, NUMBER 2
INTERACTIVE TABLE OF CONTENTS
Page
EDITOR’S NOTE…………………………………………………………………………. i
THE INSTITUTE, AS AMICUS WINS AGAIN………………………………………... 103
DIGESTS OF PUBLISHED CASES…………………………………………………….. 105
DIGESTS OF UNPUBLISHED CASES……………………………………………......... 114
SUPREME COURT CASES TO WATCH…………………………………………….... 150
LEAGUE LEGISLATIVE BULLETIN: NEWLY ENACTED LAWS……………….. 153
THE TOWN CRIER BLOGS
January 2019: bidder list requirement, management of utility ROW,
certification of zoning officers, redevelopment condemnation…………………… 154
March 2019: Cannabis I, Cannabis II and public private
partnerships…………... 162
April 2019 (through April 15) Cannabis III
City…………………………………... 171
NJILGA – WHO WE ARE………………………………………………………………. 177
WALTER T. WITTMAN WRITING COMPETITION………………………………. 178
INSTITUTE AWARDS………………………………………………………………….... 179
NEED HELP?…………………………………………………………………….............. 181
HOW TO ADVERTISE………………………………………………………………….. 182
OUR SPONSORS…………………………………………………..………....................... 183
