Search Rutgers Law Library N.J. Court Opinions

1426 AVR Realty Co. c/o Rose v. Cranford Township -- rank: 837

... and 1995 Tax Years were pending in the Tax Court. N.J.S.A. 54:3-21. The Freeze Act has been applied to ... a request for income and expense information, made pursuant to N.J.S.A. 54:4-34 for Tax Year 1995, indicated a net ... Act must be read in the context of that scheme. N.J.S.A. 54:4-23 requires a municipal assessor to determine the ... 1st of each pretax year. The assessor's obligation under N.J.S.A. 54:4-23 to assess local real property at true ... assess parcels in accordance with a true value determination under N.J.S.A . 54:4-23, is different for years in which a ... of the two tax years immediately following the judgment year. N.J.S.A . 54:3-26; N.J.S.A. 54:51A- ...

docket:	01814-95
court:
decided:	1997-06-20
status:
citation:	16 N.J. Tax 550
Document Size:	83220

1427 STATE OF NEW JERSEY v. ANGEL E. CESAR -- rank: 837

... possession of cocaine, with intent to distribute, in violation of N.J.S.A. 2C:35- 5(a)(1) and N.J.S.A. 2C:35-5(b)(1), and other offenses. The trial ... third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:35-10(a)(1) (count one); first-degree possession ... quantity of five ounces or more, with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1) (count two); second-degree possession ... distribute in or within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count three); third-degree possession ...

docket:	a0831-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	69939

1428 O'Connell v. Montclair State University -- rank: 837

... is entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11.     In October 1995, O'Connell ... as affirmative defenses the New Jersey Torts Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and immunity from ... is entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. According to the CIA, an ... or association organized exclusively for religious, charitable or educational purposes.” N.J.S.A. 2A:53A-7a. Plaintiff Brendan O'Connell (O'Connell) alleges ... affirmative defenses under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and asserting that ... outside of the benefactions of such corporation, society or association . . . .         [ N.J.S.A. 2A:53A-7a.] Thus, an entity qualifies for charitable ...

docket:	a-93-00
court:	njsupreme
decided:	2002-05-06
status:
citation:	171 N.J. 484
Document Size:	49372

1429 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.S.R and T.D -- rank: 837

... second part of the third and the fourth prong under N.J.S.A. 30:4C-15.1. The Division of Child Protection and ... its burden of proof as to all four prongs under N.J.S.A. A-2300-22 14 30:4C-15.1, by clear ... best interest.' Casey further relies on the 2021 amendments to N.J.S.A. 30:4C-15.1(a) for the proposition that '[k ... and (4) [TPR] will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Importantly, these fact-sensitive factors ... prongs contested by Casey. A. 'The first two prongs [of] N.J.S.A. 30:4C-15.1(a) . . . are 'the two components of ... which led to the child's placement outside the home . . . .' N.J.S.A. 30:4C-15.1(a)(3). That provision of ...

docket:	a2300-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-25
status:	Unpublished
citation:
Document Size:	54629

1430 /usr/local/share/www/libweb/collections/courts/appellate/a4452-14.opn.html -- rank: 837

... a second jury trial,1 defendant was convicted of murder, N.J.S.A. 2C:11-3(a)(1); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He was sentenced to an aggregate ... life imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2. The convictions stemmed from defendant killing ... percent of his sentence before he is eligible for parole. N.J.S.A. 2C:43- -7.2(a). 'Solely for the purpose of ... life imprisonment shall be deemed to be [seventy-five] years.' N.J.S.A. 2C:43-7.2(b). 13 A-4452-14T1 prepared ... was committed in an especially heinous, cruel [,] or depraved manner[,]' N.J.S.A. 2C:44-1(a)(1); aggravating factor two, '[t] ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	73647

1431 IN THE MATTER OF THE CIVIL COMMITMENT OF E.W. -- rank: 837

... need of commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He appeals from ... Division continuing his commitment after an annual review required by N.J.S.A. 30:4-27.35. E.W. raises the following issues ... E.W. pled guilty to first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4). He was sentenced to ten ... years in prison, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. On November 6, 2009, the State ... Commitment of W.Z. , 173 N.J. 109, 127 (2002); N.J.S.A. 30:4-27.26. The SVPA also requires that the ... treatment.'" W.Z. , supra , 173 N.J. at 127 (quoting N.J.S.A. 30:4-27.26). E.W. claims that the ...

docket:	a0229-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-30
status:	unpublished
citation:
Document Size:	41609

1432 GEORGE K. MILLER, JR. et al. v. DIRECTOR, DIVISION OF <br -- rank: 837

... net gains or income from the disposition of property under N.J.S.A. 54A:5-1(c) or (2) net pro rata share of S corporation income under N.J.S.A. 54A:5-1(p). The reasons for the need to ... from gains or income in another category of income under N.J.S.A. 54A:5-2, and an individual’s ability to deduct ... Cable Co. and (b) the losses from other investments under N.J.S.A. 54A:5-2. The only issue in this case is ... Tax return as distributive share of partnership income consistent with N.J.S.A. 54A:5-1(k). The Supreme Court reached this conclusion ... definition should be consistent with net profits from business under N.J.S.A . 54A:5-1(b). Smith , supra , 108 N.J. ...

docket:	04040-00
court:
decided:	2001-08-20
status:
citation:	19 N.J. Tax 522
Document Size:	108239

1433 STATE OF NEW JERSEY v. BLAKE CLAY -- rank: 837

... in a three-count indictment with third-degree official misconduct, N.J.S.A. 2C:30-2(a); third- degree theft by deception, N.J.S.A. 2C:20-4; and third-degree theft, N.J.S.A. 2C:20-3(a). After losing his motions to disqualify ... of parole ineligibility. The parole ineligibility period was mandated under N.J.S.A. 2C:43-6.5 for the official misconduct conviction. The ... conflict requiring supersession by the Division of Criminal Justice.' See N.J.S.A. 52:17B-107a (authorizing supersession '[w]henever in the opinion ... 49 Defendant was convicted of official misconduct in violation of N.J.S.A. 2C:30-2(a), which states: A public servant ...

docket:	a2210-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-10
status:	Unpublished
citation:
Document Size:	91508

1434 Lieutenant John Kaminskas v. State -- rank: 837

... the basis that it is a county’s duty, under N.J.S.A. 40A:14-117, to defend and indemnify its police officers ... county police officers. In addition, the Attorney General asserted that N.J.S.A. 40A:14-117 requires each county to defend its police ... petition for certification. 231 N.J. 557 (2017). HELD: Under N.J.S.A. 40A:14-117 and N.J.S.A. 59:10-4, the Legislature has provided that each county ... actions taken in the course of their employment. Pursuant to N.J.S.A. 59:10A-1, “the Attorney General shall, upon a ... the State shall provide indemnification for the State employee.” N.J.S.A. 59:10-1. In addition to those provisions pertinent ...

docket:	a-31-17
court:	NJ Supreme Court
decided:	2019-01-17
status:
citation:	236 N.J. 415 200 A.3d 389
Document Size:	46512

1435 IN RE NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL APPROVAL OF THE PETITION FOR PLAN CONFORMANCE FOR THE TOWN OF CLINTON HUNTERDON COUNTY -- rank: 837

... the rule-making procedures of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. On that ground, the Center ... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. Accordingly, consolidation of the appeals ... to the Highlands Water Protection and Planning Council (the Council), N.J.S.A. 13:20-4." In re Highlands Master Plan , 421 N ... in eighty-eight municipalities" and seven counties. Ibid. ; see also N.J.S.A. 13:20-2, -7. The Highlands Act was adopted to ... system that left development to property owners and local planners. N.J.S.A. 13:20-2. The Council's primary responsibilities include development ... plans and land use regulations as conforming with the RMP. N.J.S.A. 13:20-8 to -12 (RMP development); N.J. ...

docket:	a3224-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-25
status:	unpublished
citation:
Document Size:	61905

1436 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 837

... developments" as defined in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, which the parties agree may ... applications for planned developments as defined in the MLUL, see N.J.S.A. 40:55D-6 (defining planned developments), or to make payments ... states that "[s]eparate and apart from the provisions of N.J.S.A. 40:55D-42[ 2 ], as a condition of subdivision or ... advance the statute's underlying goals, which are enumerated in N.J.S.A. 40:55D-2. Id. at 349-50. Those goals, as ... design and layout of . . . recreational development to the particular site . . . . [ N.J.S.A. 40:55D-2.] Zoning ordinances enacted pursuant to these principles ... development, residential cluster, planned commercial development or planned industrial development." N.J.S.A. 40:55D-6. Zoning ordinances may "[p]rovide districts ...

docket:	A1563-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-23
status:	published
citation:	401 N.J.Super. 152 949 A.2d 312
Document Size:	59042

1437 STATE OF NEW JERSEY v. FERDINAND C. AUGELLO -- rank: 837

... defendant Ferdinand C. Augello guilty of first-degree racketeering (RICO1), N.J.S.A. 2C:41-2(c), and conspiracy to racketeer, N.J.S.A. 2C:41-2(d) (count one); first-degree leader of a drug trafficking network, N.J.S.A. 2C:35-3 (count two); third-degree distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-5(b) (count three); first-degree conspiracy to distribute a controlled dangerous substance, N.J.S.A. 2C:35-5(a) and N.J.S.A. ...

docket:	a2203-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	95730

1438 JOSEPH KUSHNER HEBREW ACADEMY INC v. TOWNSHIP OF LIVINGSTON -- rank: 837

... In 1985, the Legislature enacted the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.4, which created the Council ... prospective fair share of housing need in a given region[.]" N.J.S.A. 52:27D-307(c)(1). COAH adopted "first round" and ... stay furthers the policy of the FHA [Fair Housing Act, N.J.S.A. 52:27D-301 to -329.19] to resolve affordable housing ... Talley cites the Fanwood amendment to the Fair Housing Act ( N.J.S.A. [52:27D-]311.1 and 313.1), which specifically exempts ... REMEDY CLAIM SHOULD BE REVERSED BASED ON THE PROHIBITION IN N.J.S.A. 52:27D-313.1. POINT V SQUIRETOWN'S BUILDER'S ... HOUSING IN THE COURT-APPOINTED SECOND ROUND PLAN CONSISTENT WITH N.J.S.A. 52:27D-307(c)(2) AND N.J.A. ...

docket:	a5797-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-30
status:	unpublished
citation:
Document Size:	99339

1439 /usr/local/share/www/libweb/collections/courts/appellate/a1903-20.opn.html -- rank: 837

... issued an indictment charging defendant with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b), against the same victim on December ... identity of the victim. R. 1:38-3(c)(9); N.J.S.A. 2A:82-46. A-1903-20 2 time of the ... 2021. The court found aggravating factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9), and mitigating factors seven (no ... circumstances unlikely to recur), and nine (defendant unlikely to reoffend), N.J.S.A. 2C:44-1(b)(7), (8), and (9), and was ... and mandatory parole supervision under the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was required to comply ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61637

1440 G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. -- rank: 837

... 17-21) 2. New Jersey’s expungement-of-records statute, N.J.S.A. 2C:52-1 to -32, is intended to provide â ... life of rectitude and disassociated himself with unlawful activity.” N.J.S.A. 2C:52-32. The relief provided, however, does not include ... is given notice of the expungement petition in accordance with N.J.S.A. 2C:52-15 and, generally, “[i]n response to ... to respond that “there is no record information.” N.J.S.A. 2C:52-15. One of several exceptions to this general rule, and perhaps the most pertinent here, is N.J.S.A. 2C:52-19. If truth is a defense to a ... at 187-88. The panel recognized that our expungement statute, N.J.S.A. 2C:52-1 to -32, does not answer the ...

docket:	a-85-09
court:	New Jersey Supreme Court
decided:	2011-01-31
status:
citation:	205 N.J. 275 15 A.3d 300
Document Size:	158272