Search Rutgers Law Library N.J. Court Opinions

1516 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 837

... Court must decide whether, under the Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, the conduct of a ... by the general rule of vicarious liability set forth in N.J.S.A. 59:2-2, or under public entity liability with regard ... to the dangerous condition of public property set forth in N.J.S.A. 59:4-2. 2 On November 26 , 2001, plaintiff, Suzanne ... that Ogborne’s cause of action should be governed by N.J.S.A. 59:4-2, which holds public entities liable for injuries ... court erred by applying the ordinary negligence standard pursuant to N.J.S.A. 59:2-2 and remanded for application of the more stringent “palpably unreasonable” standard pursuant to N.J.S.A. 59:4-2 because Ogborne’s cause of action ...

docket:	a-66-07
court:
decided:	2009-01-29
status:
citation:	197 N.J. 448
Document Size:	67689

1517 Angela Norris and George Norris v. Borough of Leonia -- rank: 837

... of sovereign immunity for sidewalks. (pp. 19-20) 7. Although N.J.S.A. 59:4-2 does not refer expressly to any class ... a dangerous condition of public property within the meaning of N.J.S.A. 59:4-2, he believed that the Court's conclusion ... against defendant, Borough of Leonia, under the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (TCA or Act). They ... curb, and statutory immunity under the TCA, specifically relying on N.J.S.A. 59:2-6, providing immunity for failure to make an ... make an inadequate or negligent inspection of its property, and N.J.S.A. 59:2-3, establishing immunity for its exercise of judgment ... existence of a dangerous condition, required for municipal liability under N.J.S.A. 59:4-2, and actual or constructive notice of ...

docket:	a-30-98
court:	njsupreme
decided:	1999-07-26
status:
citation:	160 N.J. 427
Document Size:	85372

1518 JILL CADRE v. PROASSURANCE CASUALTY COMPANY, -- rank: 837

... all provisions of the ''New Jersey Limited Liability Company Act,' N.J.S.A. 42:2B-1 through 70, . . . except where inconsistent' with the ... and replaced with the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94. The Rule has not been ... demonstrates the flexibility of these concepts. There, the Legislature enacted N.J.S.A. 52:13D-17, which 'impute[d] the conflict of interest ... Knight, 86 N.J. at 391). The Court concluded: because N.J.S.A. 52:13D-17 serves a legitimate governmental purpose and because ... State must comply with the post- employment strictures of both N.J.S.A. 52:13D-17 and RPC 1.11. [Id. at 58 ... in the state, a function the Legislature delegated to DOBI. N.J.S.A. 17:1-15. Our conclusion is bolstered by our ...

docket:	a4969-18
court:	NJ Superior Court Appellate Division
decided:	2021-06-09
status:	Published
citation:
Document Size:	60787

1519 In the Matter of Brian Ambroise -- rank: 837

... was then arrested and charged with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(2), and second-degree official misconduct, N.J.S.A. 2C:30-2(a). The next day, on October 7 ... principles in these unique circumstances. The DOC further argues that N.J.S.A. 30:1B-6(g) gives it broad discretionary power to ... empowered to review de novo the disciplinary charges before it, N.J.S.A. 11A:2-6, and may “disapprove the penalty imposed ... N.J. Super. 560, 566 (App. Div. 1965); see also N.J.S.A. 2A:154-4 (authorizing correctional officers to exercise full police ... officers strictly exercise their duty to maintain the public trust. N.J.S.A. 2A:154-4; Armstrong, 89 N.J. Super. at ...

docket:	a_10_23
court:	supreme
decided:	2024-07-22
status:	Published
citation:
Document Size:	60005

1520 /usr/local/share/www/libweb/collections/courts/supreme/a5521-11.opn.html -- rank: 837

... each of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). With regard to the first ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). She found "no evidence ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With regard to services ... bond would not do more harm than good pursuant to N.J.S.A. 30:4C-15.1(a)(4) where both children were ... Division's] exploration of alter natives to termination pursuant to N.J.S.A. 30:4C-15.1(a)(3) was inadequate. 1. Improper ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100357

1521 BERGEN RIDGE HOMEOWNERS ASSOCIATION, INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD, -- rank: 837

... with Township ordinances and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, the adequacy of open space ... a BOV was necessary, it should be granted pursuant to N.J.S.A. 40:55D-70(c)1 and 2; a lighting variance was appropriate under N.J.S.A. 40:55D-70(c)2; variances were appropriate for the ... appearance of impropriety, and O-1106-07 was consistent with N.J.S.A. 40:55D-8, which provides, in pertinent part: a. Every ... special meeting fees to Board members was acceptable according to N.J.S.A. 40:55D-8(b) and necessary to address the backlog ... to Board members for attending special meetings. Plaintiff argues that N.J.S.A. 40:55D-53.2 specifically prohibits payments to Board ...

docket:	a0206-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-30
status:	Unpublished
citation:
Document Size:	83373

1522 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 837

... that defendants had violated the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163; the ordinance amounted to spot ... with the MLUL and the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21; imposed arbitrary limits on the ... inherently beneficial uses suitable for inclusion in industrial zones. See N.J.S.A. 40:55D-4 (identifying solar or photovoltaic energy facilities as inherently beneficial uses); N.J.S.A. 40:55D-66.11 (stating "[a] renewable energy facility on ... of the companies in fact shared the notices. Pursuant to N.J.S.A. 40:55D-12(b), service upon a company's agent ... of the changes proposed by the ordinances, as required by N.J.S.A. 40:49-2.1; and the ordinances' passages were ...

docket:	a5124-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	89145

1523 /usr/local/share/www/libweb/collections/courts/appellate/a2327-11a5095-11a0558-12a0625-12.opn.html -- rank: 837

... dams in New Jersey under the Safe Dam Act ("SDA"), N.J.S.A. 58:4-1 to -14. The appeals respectively involve three ... owner or person having control of a reservoir or dam," N.J.S.A. 58:4-5(a) (emphasis added), bears responsibility for a ... property damage to homes, businesses, lake communities and public utilities." N.J.S.A. 58:4-11. The SDA casts a "broad net" of ... vested with sweeping regulatory and enforcement powers. See, e.g. , N.J.S.A. 58:4-3 (permitting the Commissioner to request surveys and plans of dams and reservoirs); N.J.S.A. 58:4-4 (permitting the Commissioner to inspect any dam or reservoir); N.J.S.A. 58:4-5(b), (d) (granting the Commissioner broad ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	119830

1524 STATE OF NEW JERSEY v. DONALD HERTEL -- rank: 837

... jury indicted defendant on two charges: second-degree sexual assault, N.J.S.A. 2C:14-2b, and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. Defendant moved pursuant to Rule 1:8 ... official evaluation prepared by the Department of Corrections pursuant to N.J.S.A. 2C:47-1, -2, indicating that defendant's conduct did ... was not eligible for sex offender treatment in prison under N.J.S.A. 2C:47-3. The judge carefully reviewed each side's ... arguments with respect to aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1. He found one aggravating factor, the need to deter defendant and others from violating criminal laws. N.J.S.A. 2C:44-1a(9). He found four mitigating factors: ...

docket:	a3156-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	69354

1525 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 837

... constructively fraudulent transfer under the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. 2 In 2004 , Benkendorf approached ... found that the Release was a constructively fraudulent transfer under N.J.S.A. 25:2-27(a) because Motorworld received no “reasonably ... transfer was not made for “reasonably equivalent value” under N.J.S.A. 25:2-27(a), and plaintiffs established all elements of ... debtor became insolvent as a result of the transfer.” N.J.S.A. 25:2-27(a). (pp. 14-15) 2. A court applying N.J.S.A. 25:2-27(a) must undertake a fact-sensitive inquiry ... the Release effected a “transfer” within the meaning of N.J.S.A. 25:2-27(a), that the “creditor” with ...

docket:	A-64-15
court:	NJ Supreme Court
decided:	2017-03-30
status:
citation:	228 N.J. 311 156 A.3d 1061
Document Size:	102865

1526 N.J. HIGHLANDS COALITION v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 837

... Because the property is located in the Highlands Region, see N.J.S.A. 13:20-7(a)(1), it is subject to the ... of the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 to -35. The property serves as habitat ... regulated freshwater wetlands and transition areas on a site. See N.J.S.A. 13:9B-8. Transition areas are regulated areas adjacent to ... that serve as a buffer between wetlands and uplands. See N.J.S.A. 13:9B-16. The width of a transition area depends ... regulations governing the implementation of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30, and the New Jersey Water Pollution Act, N.J.S.A. 58:10A-1 to -73, were recodified as N. ...

docket:	a3180-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:	456 N.J.Super. 590 196 A.3d 982
Document Size:	59698

1527 City of Newark v. West Milford Township -- rank: 837

... the subject property’s highest and best use. However, because N.J.S.A. 54:4-23 requires each tax assessor to annually � ... The Appraisal Report contains details about the Watershed Moratorium Act, N.J.S.A. 48:2- 23.1, the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1, and the conservation easements impacting the subject ... Brody observes that because the subject property is assessed under N.J.S.A. 54:4-3.3, consideration of any improvements such as ... I have also been advised that the caselaw confirms that N.J.S.A. 54:4-3.3 precludes a valuation approach based upon ... Accordingly, Mr. Brody concludes under the Appraisal Report that, because N.J.S.A. 54:4- 3.3, “the statute which permits ...

docket:	15734-14
court:	NJ Superior Court Appellate Division
decided:	2023-04-26
status:	Unpublished
citation:
Document Size:	81376

1528 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R.G. -- rank: 837

... to prove each prong of the best interests test of N.J.S.A. 30:4C:15.1(a) by clear and convincing evidence ... evidence that defendants had committed abuse and neglect pursuant to N.J.S.A. 9:6-8.21(c), and signed a dispositional order ... met all four prongs of the best interest test under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. A ... presented at the guardianship trial met all four prongs of N.J.S.A. 30:4C-15.1( a ) "best interest of the child ... heavy burden of proof applicable to all four prongs of N.J.S.A. 30:4C-15.1( a ) to terminate parental rights. A ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). The statute provides that ...

docket:	a4645-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	85683

1529 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B and P.P. -- rank: 837

... evidence prong one of the statutory best interests test under N.J.S.A. 30:4C-15.1(a). Joy does not challenge her ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- -15.1(a) requires the Division prove by ... the Division may execute a Dodd removal in accordance with N.J.S.A. 9:6-8.29. 'A 'Dodd removal' refers to the ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Dodd Act ... admission was sufficient for a finding of neglect pursuant to N.J.S.A. 30:4C-12. Joy knowingly, willingly, and voluntarily admitted ...

docket:	a2004-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	51567

1530 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.N. -- rank: 837

... that the Division had established the four prongs pursuant to N.J.S.A. 30:4C-15.1(a). On September 13, the trial ... Court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses ... necessitated removal and placement of the child in foster care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , ...

docket:	a1488-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-22
status:	unpublished
citation:
Document Size:	69406