Search Rutgers Law Library N.J. Court Opinions

3646 IN THE MATTER OF THE APPLICATION OF THE BOROUGH OF MADISON, ETC. -- rank: 819

... and repose under New Jersey's Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, and applicable Mount Laurel 1 ... all were 'consistent with and . . . in compliance with the [FHA] (N.J.S.A. 52:27D-301 [to -329]), the Uniform Housing Affordability Controls ... housing' pursuant to the FHA and Municipal Land Use Law. N.J.S.A. 52:27D-311(a); see also N.J.S.A. 40:55D-8.7(a). Therefore, '[t]rial courts have ...

docket:	a3702-22
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	33516

3647 Targa Resources Partners, L.P., v. Director, Division of Taxation -- rank: 819

... judgment motion in the above-captioned matter. Plaintiff contends that N.J.S.A. 54A:8-6(b)(2) (the “Challenged Statute”), which ... has “any income derived from New Jersey sources.” N.J.S.A. 54A:8-6(b)(1). The return must include the ... informational return must be provided to each partner or owner. N.J.S.A. 54A:8-6(b)(3). In 2002, New Jersey enacted ... conservative estimate” of the “partnership processing fee.” Ibid. N.J.S.A. 54A:8-6 was thus amended to include new subsection ... in the entity, up to a maximum of $250,000. [N.J.S.A. 54A:8-6(b)(2)(A).]2 A partnership must ... 50% of the fee paid for the current tax year. N.J.S.A. 54A:8-6(b)(2)(B). This installment will ...

docket:	010749-15
court:	NJ Tax Court
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	100660

3648 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. F.H. AND A.H. -- rank: 819

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. F ... 332 N.J. Super. 392 , 402 (Ch. Div. 2000)). Under N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... must show harm to the child by the parental relationship. N.J.S.A. 9:6-8.46, "proof of the abuse or neglect ... burden of proof as to prongs (1) and (2) of N.J.S.A. 30:4C-15.1a. Specifically, the Court noted that: [The ... conclusion that DYFS did not satisfy the first prong of N.J.S.A. 30:4C-15.1a as to Kathy and James is ... how to care for a physically-challenged child like Harry. N.J.S.A. 30:4C-15.1c defines the term "reasonable efforts" ...

docket:	a3477-04
court:	njappellate
decided:	2007-01-23
status:	published
citation:	389 N.J. Super. 576
Document Size:	114913

3649 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.H and D.H. -- rank: 819

... abused and neglected J.H. (Jennifer) within the meaning of N.J.S.A. 9:6- 8.21, and a February 24, 2020 order ... of the evidence that Derek abused and neglected Jennifer under N.J.S.A. 9:6- 8.21(c)(3) by acts of sexual abuse, and under N.J.S.A. 9:6-8.21(c)(4)(B) by the physical ... TO MAKE A FINDING OF ABUSE AND NEGLECT PURSUANT TO N.J.S.A. 9:6-8.21 WHERE SEVERAL INCONSISTENT HEARSAY STATEMENTS EXIST ... DATE TO CALL ITS EXPERT WITNESS. POINT III PURSUANT TO N.J.S.A. 9:6-8.50(b), THE DEFENSE WAS ENTITLED TO ... v. A.L., 213 N.J. 1, 22 (2013) (citing N.J.S.A. 9:6-8.46(b)). To prevail in a ...

docket:	a3308-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-09
status:	Unpublished
citation:
Document Size:	33793

3650 WASSERMAN'S INC. V. TOWNSHIP OF MIDDLETOWN -- rank: 819

... effect when Wasserman's and the Township executed the lease, N.J.S.A. 40:60-42, and N.J.S.A. 40A:12-14 does not apply retroactively to the lease ... building or the use of the remainder by the municipality. [ N.J.S.A. 40:60-42, repealed by L. 1971, c. 199, � 29 ... weeks after the Township and Wasserman's signed the lease, N.J.S.A. 40A:12-14 took effect. The new statute replaced N.J.S.A. 40:60-42 and requires public bidding for leases of unused municipal property. N.J.S.A. 40:60-42, N.J.S.A. 40A:12- ...

docket:	a-70-93
court:	njsupreme
decided:	1994-08-02
status:
citation:	137 N.J. 238
Document Size:	54080

3651 ANNETTE BIVIANO v. ROBERT AVELLA -- rank: 819

... to a defendant' against whom the judgment has been obtained. N.J.S.A. 2A:17-15. The December 2014 writ of execution informed ... 7 wage and related executions that create a continuing lien, N.J.S.A. 2A:17-50, in concept, policy and procedure.' Id. at ... the escrowed funds under the statutory chapter governing corporate dissolutions, N.J.S.A. 14A:12-1 to -19. The Estate's complaint sought the Corporations' involuntary dissolution under N.J.S.A. 14A:12-7, automatic dissolution under N.J.S.A. 14A:12-1(1)(g), and voluntary dissolution under N.J.S.A. 14A:12-4, as well as the appointment of ...

docket:	a1778-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-15
status:	unpublished
citation:
Document Size:	82873

3652 James v. Bessemer Processing Co. Inc. -- rank: 819

... to the plaintiff for the full amount of the damages. N.J.S.A. 2A:15-5.3. In environmental tort actions, joint and ... where the extent of negligence or fault can be apportioned.� N.J.S.A. 2A:15-5.3d(1). See footnote 3 In so ... trier of fact to apportion negligence or fault pursuant to N.J.S.A. 2A:15-5.2, the percentage of compensatory damages that ... the plaintiff may recover from each tortfeasor is governed by N.J.S.A. 2A:15-5.3d(2) and (3). This archive is ...

docket:	a-115-97
court:	njsupreme
decided:	1998-07-27
status:
citation:	155 N.J. 279
Document Size:	100902

3653 STATE OF NEW JERSEY v. MELVIN D. HESTER -- rank: 819

... for third-degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(h). 1 The appeal requires ... assault for throwing bodily fluid at a law enforcement officer, N.J.S.A. 2C:12-13. A-0090-18T3 2 and head. Officer ... V [DEFENDANT] WAS NOT SUBJECT TO [AN] EXTENDED TERM UNDER N.J.S.A. 2C:43-6.4[.] (Raised Below). POINT VI THE TRIAL ... to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury) N.J.S.A. 2C:12-1b(5)(h)' (approved Oct. 26, 2015). Model ... gravity of his offense. See Model Jury Charges (Criminal), 'Causation (N.J.S.A. 2C:2-3)' (approved June 10, 2013). It is well ... Corrente was acting in the performance of his duties. See N.J.S.A. 2C:12-1(b)(5)(h). Defendant asserts that ...

docket:	a0090-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-24
status:	Unpublished
citation:
Document Size:	43735

3654 STATE OF NEW JERSEY v. LIAM P. MCATASNEY -- rank: 819

... in an indictment with: (1) first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1) and/or N.J.S.A. 2C:11-3(a)(2)(count one); (2) first-degree robbery, contrary to N.J.S.A. 2C:15-1; (3) first-degree felony murder, contrary to N.J.S.A. 2C:11-3(a)(3); (4) second-degree conspiracy to A-5006-18 2 commit robbery, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; (5) second- degree disturbing or desecrating ...

docket:	a5006-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-03
status:	Unpublished
citation:
Document Size:	103979

3655 DOCKET NOS. A-1560-11T4 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. and J.A IN THE MATTER OF THE GUARDIANSHIP OF J.C.S., J.Z.A.-S and Y.R.A.-S minors -- rank: 819

... pled guilty to fourth-degree abuse of a child under N.J.S.A. 9:6-1 and -3, and was sentenced to five ... ANALYSIS. 2. [THE DIVISION] FAILED TO PROVE PRONG ONE OF N.J.S.A. 30:4C-15.1(a) IRRESPECTIVE OF THE REVERSAL OF ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this ... correct their circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates ...

docket:	a1561-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	61045

3656 STATE OF NEW JERSEY v. ANTHONY T. FONTANEZ -- rank: 819

... related to the shooting of Mulero: first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3, (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2), (count three); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4), (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), (count five); and second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 2C:12-1(b)(1), ( ...

docket:	a1386-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	unpublished
citation:
Document Size:	51425

3657 STATE OF NEW JERSEY v. RAYMOND E. TROXELL -- rank: 819

... degree murder for hire of his business partner, Vincent Russo, N.J.S.A. 2C:11-3(a)(1) or (2), -3(b)(4 ... with the first-degree purposeful or knowing murder of Russo, N.J.S.A. 2C:11-3(a)(1) or (2), -3(b)(4 ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). Defendant was tried separately from Marsh ... compelling a mandatory sentence of life without parole, pursuant to N.J.S.A. 2C:11-3(b)(4). Defendant raises the following arguments ... for a mandatory sentence of life imprisonment without parole. See N.J.S.A. 2C:11-3(b)(4). Defendant also posits a ...

docket:	a3730-10
court:	NJ Superior Court Appellate Division
decided:	2014-02-13
status:	unpublished
citation:	434 N.J.Super. 502 85 A.3d 408
Document Size:	60316

3658 THE LAST FRONTIER, INC v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 819

... provision in New Jersey's Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -99, prohibits building on land that does not abut a street or road. N.J.S.A. 40:55D-35 states in part: No permit for the ... e requirement of street or road abutment for hardship cases . N.J.S.A. 40:55D-36 provides in relevant part: Where the enforcement of [ N.J.S.A. 40:55D-35 ] would entail practical difficulty or unnecessary hardship ... adjustment may upon application or appeal, vary the application of [ N.J.S.A. 40:55D-35 ] and direct the issuance of a permit ... Zoning Board of Adjustment for such a planning variance under N.J.S.A. 40:55D-36 so that it could obtain a ...

docket:	a5205-08
court:	superior court appellate division
decided:	2010-05-24
status:	unpublished
citation:
Document Size:	65283

3659 FRED BURNETT v. COUNTY OF BERGEN -- rank: 819

... to the Superior Court for addressing access to public records. N.J.S.A. 47:1A-6 and -7. On April 4, 2006, plaintiff ... 2002, the Legislature enacted the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, replacing New Jersey's Right to Know Law, N.J.S.A. 47:1A-2 to -4, which was "built on the ... with certain exceptions, for the protection of the public interest." N.J.S.A. 47:1A-1. The Legislature also declared that [A]ll ... subject to public access unless exempt from such access by [ N.J.S.A. 47:1A-1 et seq.] . . . any other statute; resolution of ... of Court; any federal law, federal regulation or federal order. [ N.J.S.A. 47:1A-1.] The courts should narrowly construe exceptions ...

docket:	a2002-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-22
status:	published
citation:	402 N.J.Super. 319 954 A.2d 483
Document Size:	115169

3660 TINA RAIA v. WILLIAM RODENBOUGH III -- rank: 819

... of the estate corpus to the known heirs pursuant to N.J.S.A. 3B:23-19. While the motion to dismiss the second ... Edward]." In her writ�ten decision, the judge found "that N.J.S.A. 3B:3-35 pertains to the construction of wills and ... to the accounting ordered by the judge. In that respect, N.J.S.A. 3B:2-4 provides that, "in any pro�ceeding by ... for all the assets of the estate in his charge." N.J.S.A. 3B:14-7. Dis�charge or removal is not a release of liability. N.J.S.A. 3B:14-22. Further, "[i]ssues of liability as between ... for accounting, surcharge or indemnification or other appropri�ate proceeding." N.J.S.A. 3B:14-34. Here, plaintiff included an action for ...

docket:	a1421-09
court:	superior court trial
decided:	2011-03-01
status:	unpublished
citation:
Document Size:	64425