$330,000 in Municipal Fines Vacated on Appeal

New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower courts’ imposition of $330,000 in fines violated New Jersey statutory law: “On remand, the court must reconsider the amount of the penalties imposed for defendant's violations of N.J.A.C. 5:23-2.32(a) and N.J.A.C. 5:23-2.14 occurring, as charged, on September 27, 2012. N.J.S.A. 52:27D-138 does not mandate the imposition of any minimum penalties for defendant's violations but does impose maximum penalties that may be imposed. The imposition of penalties, however, cannot be untethered to the facts and circumstances or be founded on the State's opinion or request that the maximum allowable penalties should be imposed.”