Search Rutgers Law Library N.J. Court Opinions

2296 Kane Properties, LLC v. City of Hoboken -- rank: 830

... relevant to this dispute. The Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, permits responsibility for decisions on ... from a board decision granting a use variance pursuant to N.J.S.A . 40:55D-70(d). N.J.S.A. 40:55D-17(a). In that circumstance, the governing body ... Skyline appealed to the City of Hoboken City Council. See N.J.S.A. 40:55D-17. In that appeal, Skyline was represented by ... appropriately weighed and evaluated the positive and negative criteria. See N.J.S.A. 40:55D-70. In its analysis, the trial court placed ... the variances it requested, including the residential use variance. See N.J.S.A. 40:55D-70(d). Because plaintiff believes its proofs ...

docket:	A-96-11
court:	NJ Supreme Court
decided:	2013-06-26
status:
citation:	214 N.J. 199 68 A.3d 1274
Document Size:	110258

2297 DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.A.B. -- rank: 830

... Roger pled guilty to a single count of sexual assault, N.J.S.A. 2C:14-2(b), after he admitted to sexually assaulting ... pled guilty to one count of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and received a three-year prison ... proved it was in Lauren's best interest, pursuant to N.J.S.A. 9:2-4.1(a). The Division placed Lauren in ... involuntarily terminated his parental rights to his older daughter. See N.J.S.A. 30:4C-11.3(c). On January 14, 2015, Lauren ... 161 N.J. at 347. This standard is codified at N.J.S.A. 30:4C-15.1(a) and requires the State to ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court ...

docket:	a3838-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-02
status:	unpublished
citation:
Document Size:	62844

2298 /usr/local/share/www/libweb/collections/courts/appellate/a0213-04.opn.html -- rank: 830

... the provisions of the Uniform Child Custody Jurisdiction Act (UCCJA), N.J.S.A. 2A:34-28 to -52, defendant Alejandra Pellerano appeals from ... over the custody of the children under the provisions of N.J.S.A. 2A:34-28 to -52, we deny defendant's motion ... assert jurisdiction on those grounds.     I'm more troubled by [ N.J.S.A. 2A:34-31a(2)] of the statute, which talks about ... Jersey. They have been coached .             * * * *     Well, there we go to [ N.J.S.A. 2A:34-31a(2)], which raises a number of very ... plaintiff urged the Family Part to retain jurisdiction pursuant to N.J.S.A. 2A:34-31a(2).     Defendant submitted a letter from Ulises ... he was retaining jurisdiction of the custody issue pursuant to N.J.S.A. 2A:34-51 there is a provision in . . . the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	373 N.J. Super. 319 861 A.2d 205
Document Size:	106394

2299 Stateof New Jersey v. Michael Sumulikoski -- rank: 830

... New Jersey. The trial court denied the motions, focusing on N.J.S.A. 2C:1-3(a)(1), which allows for jurisdiction in ... Jersey, courts have broadly interpreted the statute on territorial jurisdiction, N.J.S.A. 2C:1-3, to apply to offenses committed partly outside ... 11-12) 2. The focus in this case is on N.J.S.A. 2C:1-3(a)(1), which allows for territorial jurisdiction ... the indictment alleges multiple violations of the sexual assault statute, N.J.S.A. 2C:14-2, which requires the State to prove several ... any nature or in any capacity over the victim.” N.J.S.A. 2C:14-2(c)(3)(b). However, that element does ... a relationship - which cannot provide a basis for jurisdiction under N.J.S.A. 2C:1-3(a). Where, as here, all of ...

docket:	A-3-13
court:	NJ Supreme Court
decided:	2015-03-18
status:
citation:	221 N.J. 93 110 A.3d 856
Document Size:	108274

2300 STATE OF NEW JERSEY v. VANDANA RUPANI -- rank: 830

... defendant guilty of the following charges: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to chemical test (refusal), N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96; leaving the scene of an accident; N.J.S.A. 39:4-129(b), failure to report an accident, N.J.S.A. 39:4-130 and consumption of an alcoholic beverage while operating a motor vehicle, N.J.S.A. 39:4-51a. We affirm. I. On September 26, ...

docket:	a2881-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	68352

2301 STATE OF NEW JERSEY v. AMALIA MIRASOLA -- rank: 830

... 02-0201, charging defendant with murder in the first degree, N.J.S.A. 2C:11-3(a)(1) and (2) (count one), and ... a weapon for an unlawful purpose in the second degree, N.J.S.A. 2C:39-4(a) (count two). The parties do not ... or serious injury at the hands of her husband. See N.J.S.A. 2C:3-4(b)(2). The allegations of past sexual ... court erred in placing significant weight on aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for general and ... Fuentes , 217 N.J. 57 , 72-73 (2014); see also N.J.S.A. 2C:44-1. Once the court has balanced the applicable ...

docket:	a3639-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	unpublished
citation:
Document Size:	71664

2302 STATE OF NEW JERSEY v. LOUIS V. GREEN -- rank: 830

... two counts of possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35- 10(a)(1), and two counts of certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1). One drug-related count involved ... a count charging possession of ethylone with intent to distribute. N.J.S.A. 2C:35-5(b)(4). But Green later pleaded guilty ... Make Law is Non- Delegable. A-3676-17 7 ii. [ N.J.S.A.] 24:21-3 and the Corresponding Administrative Code Unconstitutionally Grant ... BEEN PREVIOUSLY CONVICTED OF A 'PREDICATE OFFENSE' AS DEFINED BY [ N.J.S.A.] 2C:39-7(b)(1) WAIVES THE CONSTITUTIONAL RIGHT TO ... to those expressly identified in the Criminal Code (like heroin, N.J.S.A. 2C:35-5(b)(1)) and in the New ...

docket:	a3676-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-08
status:	Unpublished
citation:
Document Size:	68667

2303 /usr/local/share/www/libweb/collections/courts/trial/bailey2-v-wyeth.opn.html -- rank: 830

... violations of the New Jersey Products Liability Act (“PLA”), N.J.S.A. 2A:58C-1 to -11, including (a) failure to warn ... violations of the New Jersey Consumer Fraud Act (“CFA”), N.J.S.A. 56:8-1 to -156. Plaintiffs’ claims arise out of ... be] legal when prescribed in a medically appropriate way.” N.J.S. A. 26:1A-36.9(e). The FDA has long acknowledged ... be liable for a failure to warn under the PLA. N.J.S.A. 2A:58C-4. The New Jersey Legislature went further than ... FDA regulations are granted a rebuttable presumption of adequate labeling. N.J.S.A. 2A:58C-4 specifically provides: “If the warning or ... whether the CFA is subsumed by the PLA. The PLA, N.J.S.A. 2A:58C-1 to -11, was enacted in 1987 ...

docket:	Bailey2-v-Wyeth
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	170627

2304 922 RVD, LLC, ET AL. VS. BC INTERNATIONAL GROUP, INC. -- rank: 830

... commercial standards of fair dealing in the trade.' Ibid. (quoting N.J.S.A. 12A:2-103(1)(b)). A party acting in good ... for summary judgment, defendant originally sought attorneys' fees pursuant to N.J.S.A. 46:8-21.1, but in reply to plaintiffs' opposition ...

docket:	a0152-22
court:	appellate
decided:	2024-07-15
status:	Unpublished
citation:
Document Size:	66945

2305 Riya Finnegan LLC v. Township Council of the Township of South Brunswick, et al. -- rank: 830

... the applicable provision of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-62(a), see Riya I , supra , 386 N ... concluded that the Ordinance adequately complied with the MLUL, see N.J.S.A. 40:55D-62(a), by setting forth the reasons for ... power to “adopt or amend a zoning ordinance.” N.J.S.A. 40:55D-62(a). We have recognized that the role ... the master plan or designed to effectuate such plan elements. [ N.J.S.A. 40:55D-62(a).] Although the Master Plan itself has ... forth in a resolution and recorded in its minutes.” N.J.S.A. 40:55D-62(a). Taken together, the statutory directive that ... on which to conclude that the post- Petlin adoption of N.J.S.A. 40:55D-62(a) suggests otherwise. See generally William ...

docket:	a-65-07
court:
decided:	2008-12-22
status:
citation:	197 N.J. 207
Document Size:	88921

2306 /usr/local/share/www/libweb/collections/courts/appellate/a3655-19.opn.html -- rank: 830

... Advisory Committee, under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. We affirm. I. In ... Landfill Reclaiming, 111 N.J. 134, 146 (1988)); see also N.J.S.A. 59:8–9. An abuse of discretion 'arises when a ... together with the basis of computation of the amount claimed. [N.J.S.A. 59:8-4.] The statute also permits a public entity ... to request additional information through a specialized claim form. See N.J.S.A. 59:8-6. '[A] plain reading of N.J.S.A. 59:8-6 shows that the additional information which a ... claims.' Id. at 378 (alteration in original) (quoting Comment on N.J.S.A. 59:8-6). 'Once a public entity adopts a ...

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2307 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B IN THE MATTER OF A.F Minor -- rank: 830

... Twp. Comm. , 140 N.J. 366 , 378 (1995). Title Nine, N.J.S.A. 9:6-8.21 to -8.73, sets forth the ... C. , 439 N.J. Super. 404 , 413 (App. Div. 2015); N.J.S.A. 9:6-8.46(b). Here, the Family Part judge ... her daughter under both subsections (4)(a) and (5) of N.J.S.A. 9:6-8.21(c). Under N.J.S.A. 9:6-8.21(c)(4)(a), an abused or ... Family Part failed to address the "imminent danger" element of N.J.S.A. 9:6-8.21(c)(4). Defendant also argues that ... also reject defendant's argument regarding the appropriate interpretation of N.J.S.A. 9:6-8.21(c)(4)'s "imminent danger" ...

docket:	a1162-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56481

2308 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION NO. 2014-0045.001 -- rank: 830

... consistent with the Pinelands Protection A-4997-16 2 Act, N.J.S.A. 13:18A-1 to -29 (the Act), and the Pinelands ... development, and natural resource protection in the designated Pinelands Area. N.J.S.A. 13:18A-8. Those rules establish various land use management ... the Commission waives strict compliance under its formal waiver process. N.J.S.A. 13:18A-10(c); N.J.A.C. 7:50 ... s route designation, construction, and development in accordance with: 1) N.J.S.A. 40:55D-19, which allows the Board to grant a ... provisions of the New Jersey Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and all local regulations and ... ordinances promulgated pursuant to the MLUL's authority; and 2) N.J.S.A. 48:9-25.4, which allows the Board to ...

docket:	a4997-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	44520

2309 /usr/local/share/www/libweb/collections/courts/supreme/a_85_86_16.opn.html -- rank: 830

... case in light of the “Strip Search Act,” N.J.S.A. 2A:161A-1 to -10. On January 4, 2012, Officer ... “plain feel” exception -- which the Court adopts -- applied. 1. N.J.S.A. 2A:161A-1 provides that a person detained or arrested ... cause that a weapon, controlled dangerous substance, as defined by [ N.J.S.A. 2C:35-1 to -31], or evidence of a crime ... and a recognized exception to the warrant requirement exists.” N.J.S.A. 2A:161A-1(b) (emphases added). To support a finding ... warrant requirement cannot justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the “statute’s protections ... feel” exception. Thus, the officer here met both prongs of N.J.S.A. 2A:161A-1(b), and was permitted to perform ...

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court:	NJ Superior Court Law/Chancery Division
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2310 /usr/local/share/www/libweb/collections/courts/appellate/a2282-18.opn.html -- rank: 830

... a controlled dangerous substance (CDS), marijuana, with intent to distribute, N.J.S.A. 2C:35-5(a)(1) (count one); second-degree possession ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count two); second-degree possession of a firearm during a CDS crime, N.J.S.A. 2C:39-4.1(a) (count three); fourth-degree possession of hollow- nose bullets, N.J.S.A. 2C:39-3(f) (count four); fourth-degree possession of drug paraphernalia with intent to distribute, N.J.S.A. 2C:36-3 (count five); third- degree financial facilitation of criminal activity (money laundering), N.J.S.A. 2C:21-25(a) (count six); and fourth-degree ...

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