On December 30, 2020, the United States District Court for the District of New Jersey issued a ruling in Rosedale and Rosehill Cemetery Association v. Twp. of Readington, in which the court invalidated the New Jersey Cemetery Act (N.J.S.A. 45:27-25, et seq), finding the Act violated principles of the United States Constitution. The Act, among other things, granted a municipality the power to consent to the establishment or enlargement of cemeteries within its borders.
The court stayed its decision for 30 days to allow the New Jersey Legislature time to act to amend the Act to be in line with the decision. The League is actively making efforts to alert legislative leaders of this issue and have urged them to adopt corrective legislation in accordance with the federal court’s decision that ensures this important municipal control is restored. We have also requested that the Attorney General’s office seek additional time from the court, to provide the Legislature with adequate time to act.
For more information please see the League recent blog post.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.