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211 US Bank, N.A. v. Nikia Hough -- rank: 846
... in violation of regulations implementing the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19. The FHA is a ... delivered the opinion of the Court. The Fair Housing Act, N.J.S.A. 52:27D-301 to -329.19, is a statutory scheme ... their obligation to provide affordable low- and moderate-income housing. N.J.S.A. 52:27D-321. In carrying out its statutory charge, HMFA ... part of the enforcement apparatus of the Fair Housing Act, N.J.S.A. 52:27D-301 to -329.19. The Act was passed ... Court’s Mount Laurel decisions. L. 1985, c. 222; see N.J.S.A. 52:27D-302(a) (citing Mount Laurel decisions within legislative ... promote the development of affordable housing in New Jersey. See N.J.S.A. 52:27D-303 (declaring that “the statutory scheme . . . ...
docket: A-82-10
court: NJ Supreme Court
decided: 2012-05-22
status:
citation: 210 N.J. 187 42 A.3d 870
Document Size: 131680
212 State v. Harry Kittrell -- rank: 846
... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4, the statute entitled "Maintaining or Operating a ... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4. Based on a review of the evidence ... as written, there is sufficient evidence to convict Kittrell under N.J.S.A. 2C:35-4. 1. For Kittrell to be convicted under N.J.S.A. 2C:35-4, he must "maintain a facility" that "manufactures ... maintenance of a drug production facility that is prohibited under N.J.S.A. 2C:35-4. (pp. 9-13) 2. The legislative history of N.J.S.A. 2C:35-4 supports the conclusion that Kittrell's ...
docket: a-107-95
court: njsupreme
decided: 1996-07-03
status:
citation: 145 N.J. 112
Document Size: 81568
213 State v. Robert W. Morton -- rank: 846
... the Eck stabbing, of purposeful murder by his own conduct, N.J.S.A. 2C:11-3a(1)&(2); felony murder, N.J.S.A. 2C:5-1 & 2C:11-3; armed robbery, 127 N ...
docket: a-18-97
court: njsupreme
decided: 1998-07-30
status:
citation: 155 N.J. 383
Document Size: 232674
214 /usr/local/share/www/libweb/collections/courts/appellate/a-13-14-21.opn.html -- rank: 846
... Mykal and Malik Derry should have been dismissed pursuant to N.J.S.A. 2C:1-3(f) after they were convicted in federal ... release. Defendants moved to dismiss their state-court indictment under N.J.S.A. 2C:1-3(f), arguing that the federal prosecution already ... both defendants. The Appellate Division affirmed the denial of defendants’ N.J.S.A. 2C:1-3(f) motion. The court found that Kopp ... rather than on the hypothetical qualifications of the agent. 1. N.J.S.A. 2C:1-3(f) has three requirements for dismissal of ... prosecution. (pp. 17-19) 2 2. The Court finds that N.J.S.A. 2C:1-3(f) applies here. N.J.S.A. 2C:1-11(a) is a mandatory bar to ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 67548
215 /usr/local/share/www/libweb/collections/courts/supreme/a-4-21.opn.html -- rank: 846
... June 28, 2022 SOLOMON, J., writing for a unanimous Court. N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ... this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an investigatory ... suspicion of a tinted windows violation pursuant to adjacent statute N.J.S.A. 39:3-75. Defendant subsequently pled guilty to second-degree ... a reasonable and articulable suspicion of a motor vehicle violation. N.J.S.A. 39:3-75, which governs automotive safety glass, 1 does ... to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted ... Defendant was cited for a tinted windows violation pursuant to N.J.S.A. 39:3-74, which provides in pertinent part that ...
docket:
court: New Jersey Supreme Court
decided:
status:
citation:
Document Size: 52166
216 State v. Yolanda Terry -- rank: 846
... under the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37 (Wiretap Act or Act) authorizing ... not bypass the procedures of the Evidence Act of 1960, N.J.S.A. 2A:84A-33 to -44, and unilaterally adopt such an ... provisions of this act, shall lose its privileged character.” N.J.S.A. 2A:156A-11 (last sentence of section 11). As applied ... declines to adopt the change on its own. Pursuant to N.J.S.A. 2A:84A-38, the Court proposes a crime-fraud exception ... under the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37 (Wiretap Act or Act). The ... the policies that protect otherwise privileged communications between spouses. See N.J.S.A. 2A:156A-11. As a result, conversations between spouses ...
docket: A-71-12
court: NJ Supreme Court
decided: 2014-07-22
status:
citation: 218 N.J. 224 94 A.3d 882
Document Size: 105212
217 IN THE MATTER OF THE PROPOSED XANADU REDEVELOPMENT PROJECT -- rank: 846
... AND THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO N.J.S.A. 5:10-23 AND OF THE SECTION 5(X) CONSULTATION REPORT BY THE NEW JERSEY MEADOWLANDS COMMISSION PURSUANT TO N.J.S.A. 5:10-5(x) WITH RESPECT TO THE PROPOSED PROJECT ... be known as the "New Jersey Sports and Exposition Authority." N.J.S.A. 5:10-4. The Legislature found that the general welfare ... sporting events, trade shows, and other expositions in the State. N.J.S.A. 5:10-2. It further found that the location of ... character of any project under the jurisdiction of the [NJMC ] . . . . [ N.J.S.A. 5:10-5(x) (emphasis added).] The legislative history of the New Jersey Sports and Exposition Authority Law, N.J.S.A. 5:10-1 to -38, indicates that while NJSEA ...
docket: a0688-04
court: New Jersey Superior Court Appellate Division
decided: 2008-09-17
status: published
citation: 402 N.J.Super. 587 955 A.2d 964
Document Size: 109413
218 NL Industries, Inc. v. State of New Jersey -- rank: 846
... the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, retroactively abrogated the ... procedural protections in the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12.3; and (3) NL’s ... retroactivity found express authorization in the Act, but only under N.J.S.A. 58:10-23.11f(b)(3). (pp. 14-18) 3 ... legislative statements, whether the change in the first sentence of N.J.S.A. 58:10-23.11g(c)(1)—to “no ... the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, for environmental-contamination ... be harmonized with the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12.3, which, among other ...
docket: a-44-15
court: New Jersey Supreme Court
decided: 2017-03-27
status:
citation:
Document Size: 100516
219 Kinsella v. KinsellaM -- rank: 846
... provision shall not be held to apply to any counterclaim; [ N.J.S.A. 2A:34-2.] That provision as it currently exists is ... are minimal. The provision for equitable distribution of property under N.J.S.A. 2A:34-23 does not refer to concepts of fault ... of alimony or maintenance that is fit, reasonable and just." N.J.S.A. 2A:34-23b. However, the focus of the decision regarding ... be material and relevant to a custody determination is broad. N.J.S.A. 9:2-4c provides in pertinent part: In making an ... a record of its reasons for its custody decision, see N.J.S.A. 9:2-4f, and "must reference the pertinent statutory criteria ...
docket: a-69-96
court: njsupreme
decided: 1997-07-10
status:
citation: 145 N.J. 369
Document Size: 136340
220 Vandella Davis v. Devereux Foundation -- rank: 846
... negligence, they were barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. The court further concluded that ... in statutes such as the Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, regulations, and common law, which ... Network, and McClain. Barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to –11, from recovering against Devereux ... N.J. at 102, the Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, and N.J.A.C ... case law decided under the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1, because the CSAA creates a civil remedy ... 1987), and the Legislature’s purpose in enacting the DDRA, N.J.S.A. 30:6D-5a(1) and -9. Plaintiff contends that ...
docket: A-54-10
court: NJ Supreme Court
decided: 2012-02-29
status:
citation:
Document Size: 190954
221 Abbott v. Burke -- rank: 846
... and four-year olds in the poorest school districts (see N.J.S.A. 18A:7F-16 and the Commissioner's powers under N.J.S.A. 18A:7F-6b, the Court need not reach the constitutional ... should be handled under the procedures of the School Laws ( N.J.S.A. 18A:7A-1 to 7F-34), including access to both ... of 1975 (1975 Act), L. 1975, c. 212 (codified at N.J.S.A. 18A:7A-1 to -33 (repealed)), which this Court found ... Education Act of 1990. L. 1990, c. 52 (codified at N.J.S.A. 18A:7D-1 to -37 (repealed)). The Court, in 1994 ... and Financing Act (CEIFA). L. 1996, c. 138 (codified at N.J.S.A. 18A:7F-1 to -34). Plaintiffs challenged the new ...
docket: a-155-97
court: njsupreme
decided: 1998-05-21
status:
citation: 153 N.J. 480
Document Size: 391207
222 Hamilton Amusement Center v. Verniero -- rank: 846
... writing for the Court. This appeal challenges the constitutionality of N.J.S.A. 2C:34-7c, which restricts the size, number, and content ... Assembly Bill, later codified, that directly affects those signs. Specifically, N.J.S.A. 2C:34-7, alleging that the restrictions contained in the ... petition for certification. HELD: The limitations on signage contained in N.J.S.A. 2C:34-7c represent constitutional limitations of commercial speech. 1 ... than the federal free speech clause. (pp. 5-6) 2. N.J.S.A. 2C:34-7c applies only to commercial speech and such ... enactment evidence that was before the Legislature when it enacted N.J.S.A. 2C:34-7c, and the legislative history as a whole ... in protecting minors and regulating traffic. (pp. 20-22) 8. N.J.S.A. 2C:34-7c is not substantially broader than necessary ...
docket: a-64-97
court: njsupreme
decided: 1998-07-21
status:
citation: 156 N.J. 254
Document Size: 109122
223 Anthony D’Agostino v. Ricardo Maldonado -- rank: 846
... the application of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20 to a mortgage foreclosure rescue ... documents giving rise to an “unconscionable commercial practice” under N.J.S.A. 56:8-2. The trial court voided the conveyance to ... at issue gave rise to an unconscionable commercial practice under N.J.S.A. 56:8-2. Notwithstanding the trial court’s restoration of ... to Maldonado constituted an ascertainable loss within the meaning of N.J.S.A. 56:8-19, and the trial court’s determination of ... and a causal relationship between the two. In accordance with N.J.S.A. 56:8-2, an “unconscionable commercial practice . . . in connection ... advertisement of any merchandise or real estate” constitutes unlawful conduct. N.J.S.A. 56:8-19 provides a statutory remedy to any ...
docket: A-82-11
court: NJ Supreme Court
decided: 2013-10-03
status:
citation:
Document Size: 142176
224 State v. Eric Clemente Rangel -- rank: 846
... the Court considers whether the words “on another” in N.J.S.A. 2C:14-2(a)(3), as used in the phrase ... charged with various crimes including first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), and second-degree attempted aggravated sexual assault, N.J.S.A. 2C:5-1(a)(3) and 2C:14-2(a ... sexual penetration during an “aggravated assault on another” under N.J.S.A. 2C:14-2(a)(3). Defendant contended that the words ... sexual assault, both of which were predicated on violations of N.J.S.A. 2C:14-2(a)(3), and remanded for resentencing on ... J. 233 (2012). HELD : Based on the plain language of N.J.S.A. 2C:14-2(a)(3) and a textual reading ...
docket: A-88-11
court: NJ Supreme Court
decided: 2013-04-29
status:
citation:
Document Size: 87860
225 PrimeAccounting Department v. Township of Carney’s Point -- rank: 846
... a tax appeal complaint that was timely filed pursuant to N.J.S.A. 54:3-21, but did not name the aggrieved taxpayer ... purposes of assessing the value of the property, pursuant to N.J.S.A. 54:4-34. That inquiry, known as a “Chapter ... tax appeal. The Township moved to dismiss the complaint under N.J.S.A. 54:4-34 because the assessor had sent Chapter 91 ... interest in the property, was not an aggrieved taxpayer under N.J.S.A. 54:3-21, and, thus, lacked standing to appeal. The ... name of the true party in interest as required by N.J.S.A. 54:3-21, and thus the Tax Court lacked jurisdiction ... on behalf of an aggrieved taxpayer within the meaning of N.J.S.A. 54:3-21. A sole owner who pays the ...
docket: A-32-11
court: NJ Supreme Court
decided: 2013-01-17
status:
citation:
Document Size: 97780
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