Search Rutgers Law Library N.J. Court Opinions

2116 JOHN E. SUSKO v. BOROUGH OF BELMAR -- rank: 830

... the Borough's obligations under the public trust doctrine and N.J.S.A. 40:61-22.20, which was enacted to implement the ... and costs under the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-2(f). 2 In challenging the resulting trial ... hold that when a municipality violates the beach fee statute, N.J.S.A. 40:61-22.20, by charging unreasonable beach fees, that ... to counsel fees under the CRA for that violation of N.J.S.A. 40:61-22.20. Plaintiffs did not prove that the ... Because CRA counsel fees are available for the violation of N.J.S.A. 40:61-22.20 that plaintiffs proved, we do not ... of funds raised by bequests, legacies and gifts. That statute, N.J.S.A. 40A:5-29, states in pertinent part: 'Any local ...

docket:	a3059-16
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Published
citation:	458 N.J.Super. 583 206 A.3d 979
Document Size:	62510

2117 /usr/local/share/www/libweb/collections/courts/appellate/a2891-17.opn.html -- rank: 830

... percent of that term under the No Early Release Act, N.J.S.A. 2C:43-7.2. During the nine-day trial, the ... we remand for resentencing without consideration of aggravating factor one, N.J.S.A. 2C:44-1(a)(1). In doing so, we find ... minimum prison term for felony murder by five years. See N.J.S.A. 2C:11-3(b)(1). Defendant essentially argues the trial ... nine (the need to deter) on the felony murder conviction, N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9). The ... the litany of mitigating factors argued by defense counsel, see N.J.S.A. 2C:44-1(b)(1), (2), (7), (8), (9), (10 ... thirteen (he was substantially influenced by a more mature individual). N.J.S.A. 2C:44-1(b)(2) and (13). As the ...

docket:
court:
decided:
status:
citation:
Document Size:	69970

2118 State v. Ambrose A. Harris -- rank: 830

... 133. On direct appeal, defendant requested proportionality review pursuant to N.J.S.A. 2C:11-3e, and the issue was reserved for this ...

docket:	a-43-98
court:	njsupreme
decided:	2000-08-02
status:
citation:	165 N.J. 303
Document Size:	204758

2119 539 ABSECON BOULEVARD, L.L.C. v. SHAN ENTERPRISES LIMITED PARTNERSHIP -- rank: 830

... ruled that defendants violated the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -106 (the "CFA" or "the Act ... CFA, plaintiffs sought treble damages and counsel fees pursuant to N.J.S.A. 56:8-19, as well as "appropriate equitable relief." Defendants ... begin with a textual review of the statute. According to N.J.S.A. 56:8-2: The act, use or employment by any ... anything offered, directly or indirectly to the public for sale[.]" N.J.S.A. 56:8 1(c). The Act defines "person" to include ... director, member, stockholder, associate, trustee or cestuis que trustent thereof[.]" N.J.S.A. 56:8-1(d). It defines "sale" to include "any ... or attempt directly or indirectly to sell, rent or distribute[.]" N.J.S.A. 56:8-1(e). The CFA was originally enacted ...

docket:	a2250-06
court:	NJ Superior Court Appellate Division
decided:	2009-03-26
status:	published
citation:	406 N.J. Super. 242 967 A.2d 845
Document Size:	128067

2120 FARRUGGIO'S BRISTOL v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 830

... regulations concerning the New Jersey Unemployment Compensation Law (UC Law), N.J.S.A. 43:21-1 to -71. The UC Law exempts from ... violation of the New Jersey Administrative Procedures Act (AP Act), N.J.S.A. 52:14B-1 to -31. We disagree and find no ... Department and its Commissioner administer and enforce the UC Law. N.J.S.A. 43:21-11. They also help to administer the State's Unemployment Compensation Fund. Ibid.; N.J.S.A. 43:21-9. A-4932-18 3 The UC Law ... of employment to provide benefits for periods o f unemployment. N.J.S.A. 43:21-2 and 21-7. The contributions, collected through ... s Unemployment Compensation Fund used to pay eligible unemployment benefits. N.J.S.A. 43:21-3. See State v. Witrak, 194 N. ...

docket:	a4932-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-18
status:	Unpublished
citation:
Document Size:	41802

2121 JEFFREY SAUTER v. COLTS NECK VOLUNTEER FIRE COMPANY NO. 2 -- rank: 830

... constituted a violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Because we agree with the ... Emergency Services Volunteer Length of Service Award Program 1 (LOSAP), N.J.S.A. 40A:14-183 to -193, deferred compensation benefits of between ... Division alleging violations of CEPA, the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and defamation. After discovery, defendants ... law, or a rule or regulation promulgated pursuant to law." N.J.S.A. 34:19-2, 19-3; Barratt , supra , 144 N.J ... and direction of an employer for wages or other remuneration." N.J.S.A. 34:19-2b. In signing the bill, Governor Kean noted ... and direction of an employer for wages or other remuneration." N.J.S.A. 34:19-2b. The question is whether he performed ...

docket:	a0354-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-13
status:	published
citation:	451 N.J.Super. 581 170 A.3d 351
Document Size:	62571

2122 LACKLAND AND LACKLAND, et al. V. READINGTON TOWNSHIP, et al. -- rank: 830

... septic suitability approval as a checklist requirement, is authorized under N.J.S.A. 40:55D-10.3 and Judge Pursel's conclusion that the requirement violates N.J.S.A. 40:55D-22b was erroneous. We briefly set forth the ... C.A. § 1983, and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. That complaint refers only to ... the County under the Agricultural Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -48, as a boundary for the ... will promote the public health, safety, morals, and general welfare," N.J.S.A. 40:55D-2c, g, and j. 109 N.J. at ... addressed the proper purposes of the AR Ordinance found in N.J.S.A. 40:55D-2: 1) to encourage municipal action to ...

docket:	A2341-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154781

2123 State in the Interest of A.B. -- rank: 830

... by any person including the defendant or [his attorney],” N.J.S.A. 52:4B-36(c). But the rights of the accused ... in violation of the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-36(c). On interlocutory review, the Appellate Division ... with offenses that would constitute first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a), if committed by an adult. The ... by any person including the defendant or [his attorney],” N.J.S.A. 52:4B-36(c). But the rights of the accused ... t]o be free from intimidation, harassment or abuse.” N.J.S.A. 52:4B-36(c). Any discovery request that has ...

docket:	A-74-12
court:	NJ Supreme Court
decided:	2014-09-24
status:
citation:	219 N.J. 542 99 A.3d 782
Document Size:	83662

2124 EMILY MARSHALL v. RARITAN VALLEY DISPOSAL -- rank: 830

... arguably distinguishable from the "arising out of" language found in N.J.S.A. 39:6B-1(a). Illinois National urges us to adopt ... have construed this language as affording the coverage required under N.J.S.A. 39:6B-1(a) for property damage and personal injury ... as "arising out of" consistent with the language used in N.J.S.A. 39:6B-1(a)); Home State , supra , 313 N.J ... that the "resulting from" language afforded the same coverage as N.J.S.A. 39:6B-1(a), and therefore conformed the policy to ... resulting from" could provide no lesser coverage than required by N.J.S.A. 39:6B-1(a). Ibid. Accordingly, we reformed the "resulting ... Podeszwa we held that an exclusionary clause did not violate N.J.S.A. 39:6B-1, even though it excluded from coverage ...

docket:	a2919-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	79497

2125 STATE OF NEW JERSEY v. JONATHAN A. ZARATE -- rank: 830

... jury, defendant Jonathan Zarate was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1)-(2) (count 1); third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(1) (count 6); second-degree desecrating human remains, N.J.S.A. 2C:22-1(a)(1) (count 7); second-degree use of a juvenile to commit a crime, N.J.S.A. 2C:24-9(a)(3) (count 8); two counts of ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (counts 2 and 4), and two counts of fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (counts 3 and 5). He ...

docket:	a3315-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	89049

2126 Tahir Zaman v. Barbara Felton -- rank: 830

... Fraud Act (CFA), violations of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, and violations of the federal ... slander of title, violations of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, and violations of other federal ... in the Law Division. In the complaint, filed pursuant to N.J.S.A. 2A:35-1 to -2, Zaman sought possession of real ... of the CFA, violations of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, and violations of the federal ... FFA, the TILA, the Foreclosure Rescue Fraud Prevention Act (FRFPA), N.J.S.A. 46:10B-53 to -68, N.J.S.A. 45:15-17(k) and (q), which authorize the ...

docket:	A-60-12
court:	NJ Supreme Court
decided:	2014-09-09
status:
citation:	219 N.J. 199 98 A.3d 503
Document Size:	105009

2127 Klumpp v. Borough of Avalon -- rank: 830

... action within the six-year statute of limitations period under N.J.S.A. 2A:14-1. On the unique facts of this case ... compensation. (pp. 17-20) 2. Inverse condemnation fits comfortably within N.J.S.A. 2A:14-1, which provides a six-year statute of ... provides adequate notice through physical or regulatory action, application of N.J.S.A. 2A:14-1's six-year statute of limitations is ... to the requirements of the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, would be to pursue an ... within the six-year statute of limitations period available under N.J.S.A. 2A:14-1. Under the circumstances here, however, equity demands ... by the storm's serious erosion and destructive consequences. See N.J.S.A. App. A:9-51.5 (the Act). In a ...

docket:	a-49-09
court:	supreme
decided:	2010-06-22
status:
citation:	202 N.J. 390 997 A.2d 967
Document Size:	125554

2128 EVER N HERNANDEZ v. STATE OF NEW JERSEY -- rank: 830

... for exhibiting a false driver's license, a violation of N.J.S.A. 2C:21-2.1(c). After spending months in jail ... 1983 (Section 1983), the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2, and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. 1 On summary judgment, the ... a business advertisement without commercial license plates, a violation of N.J.S.A. 39:3-8.1, and had a broken taillight, a violation of N.J.S.A. 39:3-66. During the stop, defendant observed plaintiff not ... means of identification of a person's identity," contrary to N.J.S.A. 2C:21-2.1(c), a third degree crime. ...

docket:	a1645-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-29
status:	unpublished
citation:
Document Size:	67750

2129 /usr/local/share/www/libweb/collections/courts/appellate/a3400-10.opn.html -- rank: 830

... 6.2(c)3) and the Municipal Land Use Law, [ N.J.S.A. ] 40:55D-95.1, endangering the public. Further, [the Department ... is delineated and circumscribed by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to  25. Although "the APA does not ... sufficient to require a hearing on constitutional or statutory grounds." N.J.S.A. 52:14B-3.1(d), -3.2(c), -3.3. The Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, does not provide third-party ... hearing to challenge DEP's issuance of a permit. Under N.J.S.A. 13:9B-20, only applicants may request an adjudicatory hearing ... describes the organization, procedure or practice requirements" of the agency. N.J.S.A. 52:14B-2(e). "If an agency determination or ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88451

2130 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.R and J.M.-A IN THE MATTER OF M.M and J.M Minors -- rank: 830

... services to address her substance abuse and domestic violence issues. N.J.S.A. 30:4C-12. An order dated May 9, 2013 dismissed ... seeking care and supervision of Maura and Josh, pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C-12. On September 16, 2011, the trial judge ... minor children to be wards of the [c]ourt under [ N.J.S.A. 30:4C-12]." Over the course of the next year ... between an attorney and his or her client are privileged. N.J.S.A. 2A:84A-20(1). However, this privilege does not extend ... of breach of duty by the lawyer to his client[.]" N.J.S.A. 2A:84A-20(2)(c). This exception extends to ...

docket:	a4948-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-13
status:	Published
citation:
Document Size:	45154