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Case Histories

This section provides an index of the complaint cases that met the threshold requirements of the Council's Rules of Procedure and were circulated to State officials and others pursuant to Council Rule 9. The case descriptions, in reverse chronological order, list basic identifying facts and summarize issues addressed in Council decisions.

IMPORTANT: The purpose of the case descriptions is to permit rapid identification of matters previously before the Council and Council decisions, by highlighting facts and issues of a general nature. Therefore, specific facts and issues of potential relevance to individual users may not be reflected. The Council recommends that all of its decisions be reviewed, especially by those who are or may become parties to a case. Most decisions are preceded by a syllabus or summary to facilitate that review.

Borough of Leonia (Consolidated Actions) (COLM-0011-22)

• Filed November 22, 2022
• Subjects of Complaint: Submits that NJ-S1368 imposes an undue burden on the municipality by requiring the borough to create and maintain an unfunded business registry.
• Respondents: State of New Jersey, Department of Law & Public Safety, Division of Law
• Decided on August 28, 2023 and Issued on August 31, 2023.

Township of Middletown COLM-0002-23

• Filed February 14, 2023
• Subjects of Complaint: Submits that P.L. 2014, Chapter 31, which eliminated monetary bail in favor of a more equitable risk-based assessment for pretrial detention, but which imposes high costs on municipalities seeking to maintain order notwithstanding the widespread release of suspected criminals, is an unfunded mandate.
• Respondents: State of New Jersey, Department of Law & Public Safety, Division of Law
• Decided on June 27, 2023, and Opinion issued on June 29, 2023.

Franklin Township Board of Education (Consolidated Actions) COLM-0001-21

• Filed February 18, 2021.
• Subjects of Complaint: Submits that P.L. 2020, Chapter 44 (New Jersey Employee Health Benefits Program), legislation that required school districts in New Jersey to offer a new health care plan.
• Respondents: State of NJ Department of Education.
• Amici Curiae: New Jersey Education Association, New Jersey School Board Association, and the Presiding Officers' (Senate President Sweeney & Assembly General Speaker Coughlin).
• Decision and Memorandum Opinion and Order, issued on December 15, 2021.

New Jersey Association of Counties COLM-0001-19

• Filed January 24, 2019.
• Subjects of Complaint: Submits that P.L. 2018, Chapter 72 constitutes an unfunded mandate in violation of Article VIII, Section II, Paragraph 5 of the New Jersey Constitution.
• Specifically, J.S.A. 19:63-3.a.(1) and N.J.S.A. 19:63-3.a.(2), which requires county clerks to furnish mail-in ballots to all qualified voters in future elections without further request.
• Respondents: State of NJ Department of Law & Public Safety, Division of Law.
• Decided on November 15, 2019, and Memorandum Opinion and Order, issued on March 31, 2020.

New Jersey Association of Counties COLM-0004-16

• Filed December 6, 2016.
• Subjects of Complaint: Submits that certain sections of the Criminal Justice Reform Act J.S.A. 2A:162-15 et seq., (the "Act" or "Criminal Justice Reform") constitute an unfunded mandate, and are therefore unconstitutional. Specifically, N.J.S.A. 2A:162-16(b)(1), the forty-eight (48) hour risk assessment period, and N.J.S.A. 2A:162-22, the mandatory trial requirements, are unfunded mandates as they will force counties to expend monies in which a reciprocal funding source is not provided for in the Act. These provisions do not authorize resources, other than the property tax, to offset the additional direct expenditures required for their implementation.
• Respondents: State of New Jersey Department of Law & Public Safety, Division of Law.
• Amici Curiae: NJ American Civil Liberties Union, First Indemnity of America Insurance Company (Bail Parties); and NJ State Bar Association.
• Decision: Memorandum Opinion and Order issued on February 17, 2017, and Formal Decision issued on May 2, 2017.

Deptford Township COLM-0003-15

• Filed May 4, 2015.
• Subjects of Complaint: Submits that N.J.S.A. 40A:14 – 118.1 imposes an unfunded mandate in violation of N.J. Const. Art. VIII, Sec. 2, Para. 5(a) and N.J.S.A. 52:13H-2.
• Respondents: State of New Jersey Department of Law & Public Safety, Division of Law.
• Amici Curiae: New Jersey State League of Municipalities.
• Decided February 17, 2016 and Written Opinion issued on April 20, 2016.

Rockaway Township Board of Education COLM 0002-15

• Filed March 30, 2015.
• Subjects of Complaint: Submits to challenging several laws enacted in 2013 imposing requirements on local boards of education regarding students with dyslexia including L, 2013, c. 131 (N.J.S.A. 18A:46-55): L. 2013, c. 105 (N.J.S.A. 18A:6-130 to -131); L. 2013, c. 210 (N.J.S.A. 18A:40-5.1 to – 5.4)("2013 dyslexia laws") as unfunded mandates.
• Respondent: State of New Jersey Department of Education.
• Decided January 3, 2017 and Written Opinion issued on January 12, 2017.

Rockaway Township Board of Education COLM 0001-15

• Filed March 30, 2015.
• Subjects of Complaint: Submits to challenging the New Jersey Department of Education's ("NJDOE") gifted and talented program requirement, promulgated at JA.C. 6A:8-3.1, as an unfunded mandate.
• Respondent: State of New Jersey Department of Education.
• Decided January 3, 2017 and Written Opinion issued on January 12, 2017.

Allamuchy Township Board of Education

• Filed August 31, 2011.
• Subjects of Complaint: Submits that NJ Laws, Sections 1,2,3 & 6 of P.L. 2012, chapter 1, portions of which are known as the "Anti-Bullying Bill of Rights" is an unfunded mandate.
• Respondent: State of New Jersey Department of Education.
• Decision: The challenge of Sections of P.L. 210 c122 is deemed "moot" and is therefore "dismissed" and will not be considered by the Council on Local Mandates as it does not have jurisdiction.

Springfield Board of Education 3-11

• Filed March 28, 2011.
• Subjects of Complaint: Submits that N.J.S.A. 18A:39-1, as amended by L. 1990 c. 52, Section 50; L. 1992 c. 33, Section 1/N.J.S.A. 18A:39-1a, as amended by L. 1996, c. 138, Section 66; L. 2001, c. 437, Section 1; and L. 2007, c. 260, Section 62 constitutes an unfunded mandate because the State has not provided resources, other than the property tax, to offset the additional direct expenditures required for implementation of each of the amendments.
• Respondent: State of New Jersey Department of Education.
• Amici Curiae: Union of Orthodox Jewish Congregations of America; New Jersey Network of Catholic School Families.
• Decided on October 18, 2011 and Written Opinion issued on February 15, 2012.

Roxbury Township 9-10

• Filed September 30, 2010.
• Subjects of Complaint: Submits that the recently introduced ordinance by the township, as required by the NJAC 7:14A-15.15 Tier A Municipal Storm-Water General Permit NJ0141852 by the New Jersey Department of Environmental Protection is an unfunded mandate.
• Respondent: State of New Jersey Department of Environmental Protection.
• Amici Curiae: New Jersey State League of Municipalities.
• Decided on August 19, 2011 and Written Opinion and Order issued on December 21, 2011.

Complaint filed by the Township of Medford.

• Filed August 15 and October 30, 2008 (consolidated).
• Subjects of Complaint: recent amendments to Fair Housing Act and Council on Affordable Housing (COAH) Third Round Regulations.
• Respondents: State of New Jersey and COAH.
• Amici curiae: Fair Share Housing Center; Mount Laurel Township; Public Advocate of New Jersey; and New Jersey State League of Municipalities.
• Decision (announced March 18, 2009) and written opinion (issued June 1, 2009): Respondents' Motion for Summary Judgment granted. Note: majority and concurring opinions.

• Issues addressed in the opinions include:

  • Exemption for mandates that "implement the provisions of The New Jersey Constitution", and
  • Cited provisions are not legislative or regulatory "mandates," because participation in COAH process is optional (concurring opinion).

Complaints filed by the Mayors of Shiloh Borough and the Borough of Rocky Hill, and by Southampton Township, Deefield Township, Shamong Township, Upper Deerfield Township, and Buena Vista Township (consolidated).

• Filed July 2 through July 14, 2008. An additional twenty-one municipalities' filings were consolidated with the above Complaints.
• Subjects of Complaints: Provisions of the Fiscal Year 2009 Appropriations Act, P.L. 2008, c. 35, regarding cost-sharing for State Police patrol services to rural municipalities.
• Respondent: State of New Jersey.
• Amici curiae: New Jersey State League of Municipalities and Cumberland County.
• Decision (announced October 22, 2008) and written opinion (issued December 12, 2008): The challenged portion of the Appropriations Act is an unfunded mandate; Claimants' Motion for Summary Judgment granted.

• Issues addressed in the opinion include:

  • Exemption for mandates that "implement the provisions of the New Jersey Constitution;" and
  • Partial funding of Claimants' costs.

Complaints filed by the Special Services School Districts of Burlington, Atlantic, Cape May, and Bergen Counties (consolidated).

• Filed January 31, February 5, February 5, and February 13, 2007, respectively.
• Subject of Complaints: NJAC 6A:14-4.7(a)(2), a regulation of the Department of Education that requires the age span of students in elementary school special education classes be reduced from four years to three years beginning with 2007-2008 school year.
• Respondent: Commissioner of the NJ Department of Education.
• Amici curiae: New Jersey School Boards Association and Joint Council of County Special Services School Districts.
• Decision (issued July 26, 2007): Motion to Dismiss the Complaints denied; Summary Judgment granted on behalf of Claimants.

• Issues addressed in the opinion include:

  • Standing of County Districts to challenge a regulation for which compliance costs are local district responsibility.
  • Exemption for mandates "required to comply with federal laws or rules or to meet eligibility standards for federal entitlements."
  • Exemption for mandates imposed on public and non-public entities "in the same or substantially similar circumstances."
  • Meeting Claimant burden of proving "additional direct expenditures" resulting from mandate.

Complaints filed by the Counties of Morris, Warren, Monmouth, and Middlesex (consolidated).

• Filed July 10, August 2, August 17, and August 22, 2006, respectively.
• Subject of Complaints: June 7 Notice by the New Jersey Department of Transportation (NJDOT) that it would no longer remove deer carcasses from county and local roads, and that counties and municipalities "should be prepared to begin performing this function in their jurisdictions."
• Respondents: Commissioners of NJDOT and the NJ Department of Environmental Protection.
• Amicus curiae: New Jersey Association of Counties.
• Decision (announced September 26, 2006) and written opinion (issued October 31, 2006): State's Motion to Dismiss denied; Summary judgment granted on behalf of Claimants; Injunctive relief denied (moot).
• Motion for Reconsideration: denied by Council Order dated December 8, 2006.

• Issues addressed in the opinion include:

  • Policy statement shifting responsibility and costs from State to local government as a "rule or regulation" within the Council's jurisdiction.

Complaint by the Borough of Jamesburg.

• Filed February 2, 2004.
• Subject of Complaint: N.J.A.C. 8:23A-1.12(c)(1), a regulation of the Department of Health and Senior Services, requiring that animal transport vehicles be equipped with temperature control mechanisms.
• Respondent: Department of Health and Senior Services.
• Amicus curiae: New Jersey State League of Municipalities.
• Decision (issued October 28, 2004): Motion to Dismiss the Complaint granted.

• Issues addressed in the opinion include:

  • Exemption for mandates imposed on public and non-public entities "in the same or substantially similar circumstances."

Complaints by the Monmouth-Ocean Educational Services Commission, the Rumson-Fair Haven Regional High School District, and the Stafford Township Board of Education (consolidated).

• Filed January 21, January 23, and January 26, 2004, respectively.
• Subject of Complaints: N.J.S.A. 18A:20-40 regarding tests to be conducted by public schools for the presence of radon gas.
• Respondents: Commissioners of Education and of the Department of Environmental Protection.
• Amici Curiae (participating): New Jersey School Boards Association; Ridgewood Board of Education; Garden State Coalition of Schools; and Fair Lawn Board of Education, Freehold Regional High School District Board of Education, Jackson Township Board of Education, Jamesburg Board of Education, Keyport Board of Education, Lincoln Park Board of Education, Mount Olive Township Board of Education, and Ramapo-Indian Hills Board of Education.
• Decision (issued August 20, 2004): Relief granted.

• Issues addressed in the opinion include:

  • Exemption for mandates imposed on public and non-public entities "in the same or substantially similar circumstances;" and
  • Exemption for mandates that "implement the provisions of the New Jersey Constitution."

Joint Complaint by the Board of Education and Borough of Highland Park.

• Filed August 12, 2002.
• Subject of Complaint: the portion of the 1997 regulations of Department of Education, N.J.A.C. 6A:11-1.2, which defines a Charter School "region of residence."
• Respondents: Commissioner of Education, Greater Brunswick Charter School, and Edison Township Board of Education.
• Amicus curiae: New Jersey Charter Public Schools Association.
• Decision (issued January 31, 2003): Summary judgment granted in favor of Respondents, Complaint dismissed.

• Issues addressed in the opinion include:

  • Proof(s) required to demonstrate increased costs to Claimants to implement the regulation.

Joint Complaint by the Boards of Education of Knowlton and Blairstown Townships and the Township of Knowlton.

• Filed September 17, 2001.
• Subjects of Complaint: (1) the portion of the 1997 regulations of Department of Education, N.J.A.C. 6A:11-1.2, which defines a Charter School "region of residence;" and (2) N.J.A.C. 6A:27-3.1 and -3.3, Department of Education regulations relating to the transportation of students within a region of residence.
• Respondents: Commissioner of Education and Ridge and Valley Charter School through its Founders.
• Hearing held, but no ruling issued. No funding required of Claimants, because Charter School did not open in that year; therefore, by order dated June 12, 2002, Complaint was dismissed without prejudice to Claimants' right to file another Complaint.

Joint Complaint by Ocean Township (Monmouth County) and Frankford Township.

• Filed October 17, 2001.
• Subject of Complaint: Amendment to the Municipal Land Use Law, N.J.S.A. 40:55D-18, providing that zoning permits be granted or denied within ten business days or be deemed approved.
• Respondent: State of New Jersey
• Amici curiae: New Jersey Builders Association and New Jersey State League of Municipalities.
• Decision (issued August 2, 2002): Motion to Dismiss the Complaint granted. Note: majority and minority opinions.

• Issues addressed in the opinions include:

  • Provision in the pre-existing law allowing municipalities to increase fees to offset additional costs required to implement the statutory requirement.

Complaints by the Board of Education and Borough of Highland Park (consolidated).

• Filed October 29, 1998 (Highland Park Board of Education) and December 16, 1998 (Borough of Highland Park).
• Subjects of Complaints: (1) 1998 Department of Education regulation that amended N.J.A.C. 6A:11-1.2, to change the formula for school district funding of Charter Schools; and (2) 1997 Department of Education regulation, at N.J.A.C. 6A:11-1.2, that defines a Charter School "region of residence."
• Respondents: Commissioner of Education, Greater Brunswick Charter School, and Edison Township Board of Education.
• Amici Curiae: Ocean City Board of Education, Child Advocates Renewing Public Education, and Sixteen Abbott Charter Schools.
• Decision (issued August 5, 1999): Motions to Dismiss the Complaint denied.
• Decision (issued May 11, 2000): Relief granted as to amended funding regulation, denied as to regulation defining "regions of residence."

• Issues addressed in the opinions include:

  • Standing of municipality to challenge a regulation applicable to local board of education;
  • Beginning date(s) of the Council's jurisdiction;
  • Exemption for mandates that "implement the provisions of the New Jersey Constitution;"
  • Exemption for mandates that "repeal, revise or ease" an existing requirement or mandate; and
  • Proof(s) required to demonstrate increased costs to Claimants to implement the regulation (regarding "region of residence").

Complaint by the Borough of North Arlington.

• Filed September 15, 1998.
• Subject of Complaint: Statute relating to maps to be used in court for drug-related offenses in school zones (N.J.S.A. 2C:35-7.1).
• Respondent: State of New Jersey.
• No hearing and no ruling issued; Complaint withdrawn by letter of December 9, 1998.
• Consent order for dismissal signed January 14, 1999.

Complaint by the Board of Education for the City of Clifton.

• Filed March 19, 1998 (for injunctive relief).
• Subjects of Complaint: 1997 Regulations issued by the Department of Education related to Charter School funding and transportation of Charter School students (N.J.A.C. 6A:11-1.1 et seq., and N.J.A.C. 6A:11-4.1).
• Respondents: Commissioner of Education and Classical Academy Charter School of Clifton.
• Decision (issued May 13, 1998): injunctive relief denied; Motion to dismiss the Complaint granted.

• Issues addressed in the opinion include:

  • "substantial likelihood" test for injunctive relief; and
  • beginning date(s) of the Council's jurisdiction.