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331 M.S. v. Millburn Police Department, et al. -- rank: 846
... unanimous Court. The essential issue in this case is whether N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the ... filed a petition to forfeit the five handguns pursuant to N.J.S.A. 2C: 25-21 (d) (3) of the Prevention of Domestic ... therefore he was permanently barred from possessing a firearm under N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the ... ordered return of the card, finding that the addition of N.J.S.A. 2C: 58-3 (c) (8) to the Gun Control Law ... 1997 domestic violence complaint and were not returned to him, N.J.S.A. 2C: 58-3 (c) (8), applied retroactively, forbids the return ... Court does not conclude, as the Appellate Division did, that N.J.S.A. 2C: 58-3 (c) (8) applies whenever a firearm ...
docket: a-80-08
court:
decided: 2008-12-23
status:
citation: 197 N.J. 216
Document Size: 82217
332 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 846
... mentally . . . incapacitated” by a traumatic event within the meaning of N.J.S.A. 43:16A-7(1). Mount v. Board of Trustees, PFRS ... Mount has proven, under requirements established in case law construing N.J.S.A. 43:16A-7(1), that he experienced a terrifying or ... therefore is not entitled to accidental disability benefits pursuant to N.J.S.A. 43:16A-7. 1. To be eligible for benefits under the accidental disability provision, a PFRS member must satisfy N.J.S.A. 43:16A- 7(1)’s requirement that “the ... 33-34. (pp. 27-31) 3. In sum, jurisprudence construing N.J.S.A. 43:16A-7(1)’s “traumatic event” language ... provided that he or she meets the requirements prescribed by N.J.S.A. 43:16A- 7(1). The statute mandates a medical ...
docket: a_83_16
court: NJ Supreme Court
decided: 2018-06-05
status:
citation:
Document Size: 79181
333 Headenv. Jersey City Board of Education -- rank: 846
... governed by the provisions of the Civil Service Act (Act), N.J.S.A. 11A:1-1 to :12-6, she and potential class ... members are entitled to vacation leave under its provisions, specifically N.J.S.A. 11A:6-3 and -7 and certain implementing regulations. Those ... granting the Board’s motion, the trial court found that N.J.S.A. 11A:6-3 was inapplicable because school district employees are ... also concluded that the Civil Services Commission lacked authority under N.J.S.A. 11A:6-3 to determine by regulation the amount of ... 420 N.J. Super. 105 (2011). The panel held that N.J.S.A. 11A:6-3 does not apply to full-time ten ... is subject to all of the Act’s obligations. Because N.J.S.A. 11A:6-3 and -7 do not contain an ...
docket: A-17-11
court: NJ Supreme Court
decided: 2013-01-11
status:
citation: 212 N.J. 437 55 A.3d 65
Document Size: 78872
334 Gerald McCann v. Clerk of the City of Jersey City and Louis Manzo -- rank: 846
... convictions, McCann was required to forfeit his office pursuant to N.J.S.A. 2C:51-2d, and under the Faulkner Act, N.J.S.A. 40:69A-166. The Criminal Code disqualifies from public office ... in addition to the provision in question. The language of N.J.S.A. 2C:51-2d, considered in the context of the entire ... higher. On the existing record, it cannot be concluded that N.J.S.A. 2C:51-2d mandates McCann's permanent disqualification from public ... The disqualification standard imposed on Faulkner Act municipalities pursuant to N.J.S.A. 40:69A-166 is supported by sound public policy justification ... was barred by the disqualification provisions of the Criminal Code, N.J.S.A. 2C:51-2d, and the Faulkner Act, N.J. ...
docket: a-92-00_1
court:
decided: 2001-06-01
status:
citation: 167 N.J. 311
Document Size: 87543
335 Patricia J. McClain v. Board of Review, Department of Labor -- rank: 846
... Under New Jersey’s Unemployment Compensation Law (UCL or Act), N.J.S.A. 43:21-1 to -71, an employee terminated from employment ... without just cause, however, is not entitled to such benefits. N.J.S.A. 43:21-5(a). The Legislature recognized the inequity facing ... that problem, the Legislature in 2015 passed an amendment to N.J.S.A. 43:21-5(a), which ensured that an employee who ... of her own, is entitled to UI benefits pursuant to N.J.S.A. 43:21-5(a). McClain and Blake both filed for ... leaving their former employer, thus disqualifying them for benefits under N.J.S.A. 43:21- 5(a). The Board of Review affirmed the ... 65 (App. Div. 2017). The panel’s plain reading of N.J.S.A. 43:21-5(a) led it to conclude that ...
docket: a-52-65-17
court: NJ Supreme Court
decided: 2019-04-29
status:
citation:
Document Size: 54638
336 Gantes v. Kason Corporation -- rank: 846
... liability, are governed by a two-year statute of limitations. N.J.S.A. 2A:14-2. It is clear that under New Jersey ... many common-law principles that define that cause of action. N.J.S.A. 2A:58C-1 to -11; Senate Judiciary Committee, Statement to ... a statute of repose for certain causes of actions, see N.J.S.A. 2A:14-1.1 (creating ten-year statute of repose ...
docket: a-31-95
court: njsupreme
decided: 1996-07-23
status:
citation: 145 N.J. 478
Document Size: 87084
337 Deborah Townsend v. Noah Pierre -- rank: 846
... several defendants, asserting claims pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and the Survival Act, N.J.S.A. 2A:15-3. Plaintiffs alleged that Garland and Sunset Family ... immunity afforded to them by the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and, with regard to ... Division. They asserted claims pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and the Survival Act, N.J.S.A. 2A:15-3, against several defendants. Plaintiffs claimed that Pierre ... to them by the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. Addressing the summary ...
docket: A-2-13
court: NJ Supreme Court
decided: 2015-03-12
status:
citation: 221 N.J. 36 110 A.3d 52
Document Size: 91684
338 Lewis v. American Cyanamid Company -- rank: 846
... if the product is perfectly inspected, designed, and manufactured"). Compare N.J.S.A. 2A:58C-4 (imposing continuing duty to warn on defendants ... impairing the reasonably anticipated or intended function of the product. [ N.J.S.A. 2A:58C-3a(1).] United bears the burden of proving ...
docket: a-83-97
court: njsupreme
decided: 1998-07-20
status:
citation: 155 N.J. 544
Document Size: 98207
339 Advance Housing, Inc. v. Township of Teaneck -- rank: 846
... supportive counseling, are actually used for charitable purposes consonant with N.J.S.A. 54:4-3.6, entitling the property to tax-exempt ... denied Advance Housing property tax exemptions for charitable purposes under N.J.S.A. 54:4-3.6. Thirty-three of Advance Housing’s ... the housing program” is necessary for a tax exemption under N.J.S.A. 54:4-3.6. The Appellate Division reversed and remanded ... the mentally disabled, entitling them to tax-exempt status under N.J.S.A. 54:4-3.6. 1. Real property owned by a ... The “law” governing property tax exemptions is contained in N.J.S.A. 54:4-3.6. In this case, the primary issue ... charitable purposes and are therefore entitled to an exemption under N.J.S.A. 54:4-3.6. To establish its right to ...
docket: A-72-11
court: NJ Supreme Court
decided: 2013-09-25
status:
citation:
Document Size: 146224
340 GEORGE HARMS CONSTRUCTION CO. V. NEW JERSEY TURNPIKE AUTHORITY -- rank: 846
... within the statutory definition of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -21, and therefore that the agency must comply with the notice-and-comment provision of N.J.S.A. 52:14B-4. That provision essentially requires that prior to ... this agency action is subject to the strict requirements of N.J.S.A. 52:14B-4. We believe that the substantive issues transcend ... and response as frequently occurs in the rulemaking context, see N.J.S.A. 52:14B-4, might have better explained how Harms's ... most efficient roadways possible for the citizens of the State. N.J.S.A. 27:23-5. If in the construction and maintenance of ... case concerned competitive bidding under the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -49, the underlying operation and ...
docket: a-113-93
court: njsupreme
decided: 1994-07-07
status:
citation: 137 N.J. 8
Document Size: 119992
341 State v. Rose -- rank: 846
... on charges that he was an accomplice to purposeful murder, N.J.S.A. 2C:11-3(a)(1) and 2C:2-6, and to felony murder, N.J.S.A. 2C:11-3(a)(3) and 2C:2-6. A ... defendant to an extended term as a persistent offender under N.J.S.A. 2C:44-3(a). 7 The court sentenced him to ...
docket: a-111-09
court: superior court trial
decided: 2011-06-08
status:
citation:
Document Size: 178965
342 State of New Jersey v. Kenneth Guenther -- rank: 846
... was charged with first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a (counts one and two); second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4a (count three); second-degree sexual assault, contrary to N.J.S.A. 2C:14-2b, c (counts four and five); third-degree aggravated criminal sexual contact, contrary to N.J.S.A. 2C:14-3a (count six); and fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3b (count seven). B. On the first day ... allegations do not constitute previous sexual conduct as defined in N.J.S.A. 2C:14-7f. Id. at 494-95. The appellate ...
docket: a-102-02
court:
decided: 2004-08-09
status:
citation: 181 N.J. 129 854 A.2d 308
Document Size: 155229
343 /usr/local/share/www/libweb/collections/courts/supreme/a-5-21.opn.html -- rank: 846
... s remedies to those afforded under the Workers’ Compensation Act, N.J.S.A. 34:15-7 to -35.22. B. Union Carbide urges ... liability and not the New Jersey Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11. See Whelan v. Armstrong Int ... apply to any environmental tort action.’” Ibid. (quoting N.J.S.A. 2A:58C-6). Asbestos claims fall within the category of ... persons by whom the product is intended to be used. [N.J.S.A. 2A:58C-4.] 29 332 (alteration in original) (quoting Zaza ... on the dangers and safe use of the product.” N.J.S.A. 2A:58C-4. But that standard must be viewed through ...
docket:
court: New Jersey Supreme Court
decided:
status:
citation:
Document Size: 145445
344 Gourmet Dining, LLC v. Union Township -- rank: 846
... subject to taxation unless it qualifies for a statutory exemption. N.J.S.A. 54:4-3.3 exempts from taxation property belonging to ... agencies and authorities, that is used for a public purpose. N.J.S.A. 54:4-3.6, in turn, exempts certain property of ... also created limitations on the otherwise exempt status of property. N.J.S.A. 54:4-2.3 provides that real property entitled to ... person or entity whose property is not exempt. And, under N.J.S.A. 54:4-1.10, an arrangement that is not technically ... to taxation, just as a leasehold estate would be under N.J.S.A. 54:4-2.3. Gourmet Dining, LLC, owned and operated ... Tax 381, 391 (Tax 2018). The court first held that N.J.S.A. 54:4-3.3 applied because the University is ...
docket: a-8-19
court: NJ Supreme Court
decided: 2020-06-30
status:
citation:
Document Size: 70339
345 Kevin Malanga v. Township of West Orange -- rank: 846
... Library qualified as an area in need of redevelopment under N.J.S.A. 40A:12A-5(d). In language that mirrors the statute ... Library site. The resolution relies on a different statutory provision -- N.J.S.A. 40A:12-21(l) -- to authorize the sale but does ... sale of the Library site to a private developer under N.J.S.A. 40A:12-21(l). Yet the Township conceded at oral ... not moot at this time. (pp. 18-19) 2. Under N.J.S.A. 40A:12-13(c), towns can sell public property to ... LRHL. The same standards for redevelopment -- namely, the criteria in N.J.S.A. 40A:12A-5 -- apply to private and public property. The ... of redevelopment” -- a phrase synonymous with “blighted.” See N.J.S.A. 40A:12A-6. The central question when a municipality ...
docket: a-45-21
court: NJ Superior Court Appellate Division
decided: 2023-03-13
status:
citation:
Document Size: 89023
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