RECENT NEWS

Hill Wallack succeeds in Appellate Division regarding PAMS procurement appeal – Partner in charge of the Government Procurement Practice Group, Patrick D. Kennedy, Esq., successfully argued to the Appellate Division that the Division of Purchase and Property’s (the “Division”) award of the $9.9 million PAMS contract to Cole Layer Trumble (“CLT”) should be affirmed. In this protracted procurement for a state-wide Property Assessment Management System, the first request for proposals (“RFP”) resulted in a re-bid instituted by the Division, and thereafter, the second RFP resulted in an award to Computer Aid Inc. (“CAI”), which CLT successfully protested because CAI’s bid was materially deficient. Consequently, CLT received the award of the contract which CAI unsuccessfully protested and then appealed. The Appellate Division was satisfied that the Director properly considered the relevant criteria outlined in the RFP to determine that CLT's bid best responded to the State's needs. Moreover, the Appellate Division found that CAI had not met its burden of showing that the Director's decision awarding the contract was made in bad faith, was the product of corruption, or fraud, or amounted to a gross abuse of discretion. As a result of these findings, the court agreed with CLT that CAI’s bid was materially deficient and affirmed the Division’s award to CLT in an unpublished opinion which may be found at:  http://lawlibrary.rutgers.edu/courts/appellate/a5493-04.opn.html

Property Owners and Developers Alert: State Planners Propose Further Growth Reductions - Recently proposed changes to the Preliminary State Plan Policy Map are of critical concern to developers and other landowners throughout New Jersey. Last month, the State Planning Commission endorsed a set of environmental updates that seek to designate over 90,000 acres, or 18% of the state’s undeveloped land, from Planning Areas 1, 2 and 3, to Planning Areas 4 and 5 (“non-growth” areas). The Office of Smart Growth (OSG) recommended the changes to the Commission based upon Department of Environmental Protection (DEP) studies ostensibly showing additional areas that should be considered for non-growth classifications during the State Plan “cross-acceptance process.” Click here to see entire article.

Hill Wallack LLP Sponsors 2-day Eminent Domain Institute - On October 12 and 13, 2006, Hill Wallack LLP is co-sponsoring an extensive two-day program on current issues in the field of condemnation and eminent domain. A hot topic since last year's Supreme Court decision in Kelo v. City of New London, New Jersey is on the precipice of its first comprehensive change in eminent domain law in decades, and a slew of New Jersey court decisions since Kelo has made this a must-attend for any person involved in real estate, redevelopment and the politics of land use and redevelopment. Whether you are a property owner, a tenant, a public official, or just a concerned citizen, this program will arm you with the latest information you need to understand this area and the policy choices that lie ahead.

Co-chaired by Hill Wallack LLP Partner Paul Josephson, former Director of the Division of Law, the program features a veritable who's who in the current debate, including Public Advocate Ronald Chen, Assemblyman Mike Panter, and Jersey City Corporation Counsel Bill Matsikoudis, as well as over a dozen lawyers, planners and appraisers involved in recent eminent domain battles in Long Branch, Asbury Park, Piscataway, Bloomfield, and elsewhere. The conference takes places at the Nassau Inn in Princeton. For more information or to register, go to http://www.cle.com/dev/productinfo.php?productsid=734. Enter HW in the promotion code field for a Hill Wallack LLP discount.

Documents Contained on an Elected Public Official’s Personal Home Computer, including Emails, Records and Data, are not Exempt from New Jersey’s Open Public Records Act Requirements and Must be Produced in Response to a Citizen’s Request - In a recent decision the Government Records Council has ruled that all documents in electronic format maintained on a Mayor’s personal home computer are subject to production under New Jersey’s Open Public Records Act (OPRA). In so holding the Council noted that OPRA specifically covers “information stored or maintained electronically” and that the obligation to produce such documentation, electronic or otherwise, “is not restricted by the location of the record.” In this case the fact that the Mayor utilized his personal home computer, and personal email address, to communicate with various individuals regarding Municipal business was deemed to be immaterial. The fact that the email communications, data and records discussed or touched upon governmental business and topics was dispositive and required production. Moreover, the Council noted that it is immaterial whether the record was “generated or received during regular office hours or official meetings”. As such any and all electronic records whether they be emails, documents, data or the like, which are kept on an elected public official’s personal home computer are subject to production pursuant to a citizen’s demand under OPRA. Click here for more information.

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