Search Rutgers Law Library N.J. Court Opinions

1321 Stateof New Jersey v. J.M., Jr. -- rank: 839

... charged defendant with one count of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and one count of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). Defendant pled not guilty. Before trial ...

docket:	A-48-14
court:	NJ Supreme Court
decided:	2016-05-26
status:
citation:	225 N.J. 146 137 A.3d 490
Document Size:	72908

1322 LAKEVIEW MEMORIAL PARK ASSOCIATION, v. BURLINGTON COUNTY CONSTRUCTION BOARD OF APPEALS -- rank: 839

... seeks approval for its proposed mausoleum expansion project pursuant to N.J.S.A. 45:27-27 of the New Jersey Cemetery Act, N.J.S.A. 45:27-1 to -41 (hereinafter “Cemetery Act”), contending ... the DCA') approval of plaintiff’s site plans pursuant to N.J.S.A. 45:27-27(b) and 27(e) of the Cemetery ... was frivolous in violation of Rule 1:4-8 and N.J.S.A. 2A:15-59.1, and requested plaintiff withdraw the complaint ... 2.1. The CBA also argued the Cemetery Act, specifically N.J.S.A. 45:27-27, does not preempt local site plan ordinances ... s decision to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a). Plaintiff filed opposition to defendants' ...

docket:	L-003629-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-25
status:
citation:
Document Size:	65314

1323 NEW JERSEY TRANSIT CORPORATION v. MARY FRANCO -- rank: 839

... condemnation to acquire the Property for public use pursuant to N.J.S.A. 27:25-13(b). Plaintiff offered $934,500 for the ... a street giving access to such proposed building or structure." N.J.S.A. 40:55D-35. To provide access from the high-rise ... to obtain variances under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, specifically N.J.S.A. 40:55D-70(d)(1) and (2)." Nuckel , supra , 208 N.J. at 97. 2 N.J.S.A. 40:55D-70 provides "[t]he board of adjustment shall ... to public use, and thereafter, improve and maintain the same." N.J.S.A. 40:67-1, -1(b); see N.J.S. ...

docket:	a3802-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	published
citation:	447 N.J.Super. 361 148 A.3d 424
Document Size:	77241

1324 FISCHER v. CANARIO -- rank: 839

... this Court's declaration that the Emergency Transportation Tax Act, N.J.S.A. 54:8A-1 to -57, was unconstitutional, this Court applied ... good faith in adopting emergency appropriation request in violation of N.J.S.A. 40A:4-46, Court would not review appropriation because expenditures ...

docket:	a-56-95
court:	njsupreme
decided:	1996-01-30
status:
citation:	143 N.J. 235
Document Size:	64988

1325 STATE OF NEW JERSEY V. DONALD LOFTIN -- rank: 839

... of third degree unlawful possession of a handgun, contrary to N.J.S.A. 2C:18-2 (count three); first degree armed robbery, contrary to N.J.S.A. 2C:15-1 (count four); felony murder, contrary to See ... the trial court's refusal to charge either aggravated manslaughter, N.J.S.A. 2C:11-4a, or reckless manslaughter, 129 N.J. 451 ... an offense which requires a Graves Act parole disqualifier. See N.J.S.A. 2C:43-6c. CONCLUSION ����We affirm all the convictions, reverse ...

docket:	a1849-93
court:	njappellate
decided:	1996-01-12
status:	published published
citation:	287 N.J.Super. 76
Document Size:	77378

1326 STATE OF NEW JERSEY v. FLOYD TALLY -- rank: 839

... and Floyd Tally guilty of these third degree offenses: conspiracy, N.J.S.A. 2C:5-2 (Counts One and Five); criminal coercion, N.J.S.A. 2C:13-5 (Count Two); and invasion of privacy, N.J.S.A. 2C:14-9c (Count Seven). In addition, Ronald Callaway and ... guilty of another third degree offense: invasion of privacy offense, N.J.S.A. 2C:14-9b. David Callaway was sentenced to an aggregate ... REGARDING THE DEFENSES OF EXECUTION OF PUBLIC DUTY PURSUANT TO N.J.S.A. 2C:3-3 AND MISTAKE OF FACT OR LAW PURSUANT TO N.J.S.A. 2C:2-4. POINT III : THE TRIAL COURT FAILED ...

docket:	a5391-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-09-27
status:	Published
citation:
Document Size:	118159

1327 /usr/local/share/www/libweb/collections/courts/appellate/a3578-20.opn.html -- rank: 839

... as exempt from local rent control ordinances, as permitted by N.J.S.A. 2A:42-84.1 to -84.6. In 2019, the ... s issuance of a certificate of occupancy as required by N.J.S.A. 2A:42-84.4. Plaintiff contested the Board's determination ... of Union City's rent control ordinances. A. The Legislation N.J.S.A. 2A:42-84.1 to -84.6 reflects the Legislature ... rent control ordinances residential buildings constructed after June 25, 1987. N.J.S.A. 2A:42-84.2 specifically provides: a. In any municipality ... of construction. The intent of the legislation is explained in N.J.S.A. 2A:42-84.5: a. It is the intent of ... to provide notice to the municipality and prospective tenants. Specifically, N.J.S.A. 2A:42-84.3 provides: The owner of any ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50633

1328 STATE OF NEW JERSEY v. ERIC WHITE -- rank: 839

... had killed the victim. The jury convicted defendant of murder, N.J.S.A. 2C:11-3(a), and of third-degree possession of a weapon (a knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d). The jury acquitted defendant of a ... five percent parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. The court merged the weapons conviction ... Paul addressed the factors regarding competency to stand trial in N.J.S.A. 2C:4-4 and also stated that defendant "understood the ...

docket:	a1988-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-18
status:	unpublished
citation:
Document Size:	172967

1329 State of New Jersey v. J.D. -- rank: 839

... the Court applies the provisions of the Rape Shield Law, N.J.S.A. 2C:14-7, to determine whether the defendant was improperly ... of the need to comply with the Rape Shield Law, N.J.S.A. 2C:14-7, before any evidence of K.E.� ... defense counsel did not present any evidence that complied with N.J.S.A. 2C:14-7, the judge precluded him from raising at ... unjustified incursions into past conduct. 1. The Rape Shield Law, N.J.S.A. 2C:14-7, was enacted in 1978 to restrict a ... the evidence meets the statutory standards. (pp. 10-12) 2. N.J.S.A. 2C:14-7 states that trial courts must find the ... would permit it to conduct an in camera hearing under N.J.S.A. 2C:14-7. J.D.’s attorney never ...

docket:	A-33-11
court:	NJ Supreme Court
decided:	2012-08-09
status:
citation:
Document Size:	74419

1330 126 SOUTH STREET OWNER LLC v. SUZI'S SKIN AND NAIL CARE STUDIO, INC. -- rank: 839

... cross-appeals from that part of the order holding that N.J.S.A. 2A:18-53(c)(4) did not apply to grant ... by failing to pay rent when due in violation of N.J.S.A. 2A:18- - 53(c)(4)' (the NOT). Defendant did not ... and attached the NOT, which indicated plaintiff was proceeding under N.J.S.A. 2A:18-53(c)(4). Plaintiff alleged that defendant had ... defendant's request to assert a Marini defense, and whether N.J.S.A. 2A:18-53(c)(4) applied to grant plaintiff a ... plaintiff was not entitled to a judgment for possession under N.J.S.A. 2A:18-53(c)(4). The court reasoned that N.J.S.A. 2A:18-53(b) provides for a cause of ...

docket:	a5148-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	71187

1331 State of New Jersey v. A.O. -- rank: 839

... against defendant charging him with first-degree aggravated sexual assault ( N.J.S.A. 2C:14-2(a)(1)); second-degree attempted aggravated sexual assault ( N.J.S.A. 2C:14-2(a)(1)); two counts of second-degree sexual assault ( N.J.S.A. 2C:14-2(b), (c)(1)); and second-degree endangering the welfare of a child ( N.J.S.A. 2C:24-4(a)). The allegations of sexual abuse spanned ...

docket:	a-107-07
court:
decided:	2009-03-04
status:
citation:	198 N.J. 69
Document Size:	132218

1332 /usr/local/share/www/libweb/collections/courts/appellate/a2546-16a5399-16a5668-16.opn.html -- rank: 839

... Predatory Towing 3 A-2546-16T4 Prevention Act (Towing Act), N.J.S.A. 56:13-7 to -23, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-In-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. Accordingly, we issue a consolidated ... to establish and enforce minimum standards for tow truck operators.' N.J.S.A. 56:13-8(e). The Legislature also declared that the ... where the consumer has no meaningful opportunity to withhold consent[.]' N.J.S.A. 56:13-8(b). The Towing Act primarily focuses on ... non-consensual towing of motor vehicles from public roadways. See N.J.S.A. 56:13-9. The 12 A-2546-16T4 Towing ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66771

1333 IN THE MATTER OF THE IMPLEMENTATION OF L. 2018 C. 16 REGARDING THE ESTABLISHMENT OF A ZERO EMISSION CERTIFICATE PROGRAM FOR ELIGIBLE NUCLEAR POWER PLANTS -- rank: 839

... the New Jersey Legislature passed the Global Warming Response Act, N.J.S.A. 26:2C-37 to -68, having declared that it was ... eligible nuclear power plants, L. 2018, c. 16, codified at N.J.S.A. 48:3-87.3 to -87.7 (the ZEC Act ... five statutory A-3939-18 4 eligibility criteria codified at N.J.S.A. 48:3-87.5(e) and should receive ZECs. In ... its statutory authority to represent and protect the public interest. N.J.S.A. 52:27EE-48(a). Respondent Monitoring Analytics, LLC (Monitoring Analytics ... regional and in-state energy markets operate fairly and efficiently. N.J.S.A. 48:3-51. A-3939-18 6 PJM. Respondent New ... selected by the [B]oard to participate in the program.' N.J.S.A. 48:3-87.4. To be deemed eligible by ...

docket:	a3939-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-19
status:	Published
citation:
Document Size:	88800

1334 STATE OF NEW JERSEY v. ALDABERTO VEGA -- rank: 839

... A-0935-17T3 2 substance (CDS), namely heroin and cocaine, N.J.S.A. 2C:35-10(a)(1) (counts one and five); two ... of third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (counts two and six); two ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (counts three and seven); and two counts ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (counts four and eight). Additionally, Vega ... was indicted on one count of fourth-degree hindering apprehension, N.J.S.A. 2C:29- 3(b)(1) (count nine). In May 2016 ... In July 2017, Vega pled guilty to fourth-degree obstruction, N.J.S.A. 2C:29-1, and simple assault, N.J.S. ...

docket:	a0935-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	65146

1335 RALPH KIETT v. NEW JERSEY STATE PAROLE BOARD -- rank: 839

... original) (quoting Acoli, 250 N.J. at 455); see also N.J.S.A. 30:4-123.53 (1979) (amended 1997).9 In defining ... the inmate will violate conditions of parole imposed pursuant to [N.J.S.A. 30:4-123.59].'' Acoli, 250 N.J. at 455 n.12 (alteration in original) (quoting N.J.S.A. 30:4-123.53). A-0894-21 19 Assessing the ... that the mandatory minimum sentence of thirty years required under N.J.S.A. 2C:11-3(b)(1) was not constitutional as applied ... of this State if released on parole at such time.' N.J.S.A. 30:4- - 123.53(a) (1979) (amended 1997). According to ...

docket:	a0894-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-18
status:	Unpublished
citation:
Document Size:	78760