VOLUME 44 NUMBER 3 JULY 2021

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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 dunn62@optonline.net

The deadline for the October 2021 issue is September 15, 2021.

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EDITOR’S NOTE In addition to our usual summaries of cases and legislation, we call your attention to these items of interest:

• In the last edition of the Local Government Law Review we told you about the cases being advocated in the Supreme Court by the members of our Amicus Committee. As of our July 15 deadline, none of those cases have been decided. But the Appellate Division has decided Gannett Satellite Info. Network, LLC v. Township of Neptune. Carl Woodward appeared amicus for the League on behalf of Neptune. The court held that, under the facts of this case, Gannett was not entitled to counsel fees against Neptune when Gannett had no right to IA reports under OPRA but did have a common law right. The court said that Mason v. Hoboken did not create an absolute right to counsel fees in a common law case, but left those determinations to the discretion of the trial court. The saga undoubtedly will continue.

• The New Jersey League of Municipalities Town Crier has an excellent blog about the package of Clean Energy Bills signed by Governor Murphy in July. This will have some particular interest for land use practitioners.

• The State and Local Legal Center published its review of the United States Supreme Court cases affecting Local Governments for the term ending in June. We offer it for your consideration.

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Again, we encourage you to consider submitting an article that qualifies for the $1,000 Walter T. Wittman Prize in writing. To qualify you now have until September 15, 2021 to submit an article to us. We would welcome point-counterpoint articles on important positions. Each issue of the Law Review presents cases being decided under the New Jersey Civil Rights Act. We would welcome an article about that Act and its impact on local governments. But, please consider any interesting topic and contact us about it by email to dunn62@optonline.net. 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 trishka@mgplaw.com.

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)

Contributing Writers Robin La Bue

Andrea E. Wyatt Scott Miccio

July 2021

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LOCAL GOVERNMENT LAW REVIEW JULY 2021

VOLUME 44, NUMBER 3 INTERACTIVE TABLE OF CONTENTS

PAGE EDITOR’S NOTE…………………………………………………………………………. i DIGESTS OF PUBLISHED CASES…………………………………………………….. 163 DIGESTS OF UNPUBLISHED CASES……………………………………………......... 169 SUPREME COURT CASES TO WATCH…………………………………………….... 205 LAWS OF INTEREST TO LOCAL GOVERNMENT ATTORNEYS……………….. 208 NJSLOM TOWN CRIER BLOG: Governor Signs Package of Clean Energy Bills… 212

SUPREME COURT REVIEW FOR LOCAL GOVERNMENTS 2020-21………….. 214 NJILGA – WHO WE ARE………………………………………………………………. 219 WALTER T. WITTMAN WRITING COMPETITION………………………………. 220 INSTITUTE AWARDS………………………………………………………………….... 221 NEED HELP?…………………………………………………………………….............. 223 HOW TO ADVERTISE………………………………………………………………….. 224 OUR SPONSORS…………………………………………………..………....................... 225