Supreme Court Delivers Direct Decisions, Clarifies Ambiguities

The municipal bar benefitted substantially from the Supreme Court decisions this term. Although two of them probably stand out among the 14 reviewed here, virtually every one either clarified previous ambiguous holdings or established a relatively definitive standard for practitioners to apply in sometimes common situations. Furthermore, unlike some decisions in the past, the court’s opinions were direct and concise. One decision had substantial political consequences, while another discarded an age-old analysis in favor of one that is more easily applied and readily understood. The rest laid down a series of relatively unambiguous principles that will assist practitioners in dealing with these recurring issues.

The two stand-out decisions dealt with eminent domain valuation practices and the ability of the New Jersey Department of Environmental Protection (NJDEP) to conduct warrantless searches. Five cases dealt with land-use related matters and affordable housing, two with conflicts of interests and others addressed sewer connection fees, Tort Claims Act, police discipline, arbitration and tax appeals.

Stand-Out Decisions