Search Rutgers Law Library N.J. Court Opinions

4486 EDUCATION LAW CENTER v. NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 815

... required by L. 2007, c. 137, § 24, codified at N.J.S.A. 18A:7G-13(e)(2) (Section 24). Section 24 required ... of Education (DOE), which was also required to adopt regulations, N.J.S.A. 18A:7g-13(e)(1), plaintiff's request was, the ... 72, provided for the financing and construction of school facilities. N.J.S.A. 18A:7G-1 to -48. The EFCFA was responsive to ... August 6, 2007 as L. 2007, c. 137 (Act). See N.J.S.A. 52:18A-235(g), (h) (recognizing recommendations of Working Group ... and, subject to regulations, authorize the management of other projects. N.J.S.A. 18A:7G-13(a). "The development authority may also authorize ... cost of the project, time constraints, and other relevant factors. [ N.J.S.A. 18A:7G-13(e).] As the Act, approved August ...

docket:	a5191-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	41935

4487 HOWELL TOWNSHIP, Plaintiff v. MONMOUTH COUNTY BOARD OF <br -- rank: 815

... are not subject to levy by an added assessment under N.J.S.A. 54:4-63.2 or -.3, and an added assessment ... evidence before it, the matter is ripe for summary judgment. N.J.S.A. 54:4-1 defines the scope of the poperty tax ... upon a taxpayer’s property for the relevant tax year. N.J.S.A. 54:4-23, -35. The theory behind the added assessment statutes, as provided in N.J.S.A. 54:4-63.2 and -.3, is to permit the ... substantially ready for the use for which it was intended. N.J.S.A. 54:4-63.1. [ Snyder v. South Plainfield Bor ., 1 ... State Realty & Terminal Co ., 21 N.J. 90, 97 (l956). N.J.S.A . 54:4-63.2 provides, in relevant part: When ...

docket:	07782-97
court:
decided:	1999-03-19
status:
citation:	18 N.J. Tax 149
Document Size:	98854

4488 STATE OF NEW JERSEY v. CARLOS E. BRYANT -- rank: 815

... County Indictment No. 08-08-0717 with first-degree murder, N.J.S.A. 2C:11-3a(1) and (2), count one; third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7), count two; third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2), count three; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), count four. Tried by a jury ... reckless manslaughter, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and subject to three years of ... matter for an ability to pay hearing, as required by N.J.S.A. 2C:44-2(b)(2). Defendant's convictions result ...

docket:	a5386-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-20
status:	unpublished
citation:
Document Size:	60631

4489 IN THE MATTER OF REQUEST FOR DEFENSE AND INDEMNIFICATION IN JAMES BAYLISS v. NEW JERSEY STATE POLICE TROOPER R. WAMBOLD JR. -- rank: 815

... Bayliss case, which was removed to federal district court. See N.J.S.A. 59:10A-1, -3. Thereafter, the NJSP investigated and brought ... to revoke its representation of him in the Bayliss case. N.J.S.A. 59:10A-2(c). Appellant appeals from OAG's final ... act was the product of "willful misconduct or actual malice." N.J.S.A. 59:10A-2(b). However, OAG has not yet made ... Additionally, on appeal for the first time, appellant claims that N.J.S.A. 53:1-30 requires the Attorney General to provide for ... him of his lawful rights and he claimed damages. See N.J.S.A. 10:6-2. Appellant and Juckett denied wrongful conduct and ... requested that the Attorney General provide defense and indemnification. See N.J.S.A. 53:1-30; N.J.S.A. 59:10A- ...

docket:	a6043-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-17
status:	Published
citation:
Document Size:	43298

4490 STATE OF NEW JERSEY v. JOSE L. NEGRETE -- rank: 815

... jury convicted defendant Jose L. Negrete of first-degree murder, N.J.S.A. 2C:11-3(a)(2); first-degree attempted murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5:1; and first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-2. He was sentenced to life in prison ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) and N.J.S.A. ...

docket:	a1284-15
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Unpublished
citation:
Document Size:	43730

4491 /usr/local/share/www/libweb/collections/courts/appellate/a4013-17.opn.html -- rank: 815

... 01-0311 charged defendant with third-degree receiving stolen property, N.J.S.A. 2C:20-7, and fourth-degree hindering his own apprehension, N.J.S.A. 2C:29-3(b)(4). Indictment No. 15-01-0003 ... eighty years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant said he did not understand ... doubt about defendant's competency to proceed to trial under N.J.S.A. 2C:4-4, it was required to order further proceedings ... court found aggravating factors three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3); six, the nature and extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); nine, the need to ...

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4492 NORTHEAST TOWERS, INC. v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WEST PATERSON -- rank: 815

... Div. 1998), certif. denied , 160 N.J. 88 (1999). ����Under N.J.S.A. 40:55D-70(d), See footnote 2 2 an applicant ... at 279). The negative criteria nonetheless must be satisfied. Ibid. ; N.J.S.A. 40:55D-70(d). ����For proposed uses not inherently beneficial ... the zone plan and zoning ordinance'." Id. at 174 (quoting N.J.S.A. 40:55D-70(d)). ����In New York SMSA Ltd. Partnership ... as would be done by a municipal governing body under N.J.S.A. 40:55D-17. At the conclusion of oral argument the ... already imposed by New Jersey's Municipal Land Use Law, N.J.S.A. 40:55D-1 to -136, and the New Jersey Radiation Protection Act, N.J.S.A. 26:2D-1 to -23.4, requiring that the ...

docket:	a1592-98
court:	njappellate
decided:	2000-01-24
status:	published
citation:	327 N.J.Super. 476
Document Size:	56128

4493 CITYOF HOBOKEN v. PONTE EQUITIES, INC., UNITY ENVIRONMENTAL CORP., d/b/a UNITY EDUCATIONAL SYSTEMS, INC and PUBLIC SERVICE ELECTRIC AND GAS COMPANY, LAZ PARKING NEW YORK NEW JERSEY, LLC and STATE OF NEW JERSEY -- rank: 815

... 11, 2008, should be the controlling date for valuation under N.J.S.A. 20:3-30 because on that day, the City allegedly ... opinions. The judge determined that the operative valuation date under N.J.S.A. 20:3- 30 was August 23, 2012, the date upon ... a trial de novo in the Law Division pursuant to N.J.S.A. 20:3-13(a) and (b). Prior to trial, the ... the court erred by determining that the valuation date under N.J.S.A. 20:3-30 was the date the City first filed ... citations omitted). The Eminent Domain Act of 1971 (the Act), N.J.S.A. 20:3-1 to -50, provides the statutory authority for ... the use and enjoyment of the property by the condemnee . . . . [N.J.S.A. 20:3-30.] In New Jersey Sports & Exposition Authority. ...

docket:	a3822-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
citation:
Document Size:	93710

4494 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 815

... the period for which support is sought until otherwise shown. [ N.J.S.A. 2A:4-30.31.] The Act also provides procedures by ... Court declared, in the context of a divorce: ��������The statute [ N.J.S.A. 2A:34-23] does not deal in explicit terms with ... v. Grotsky , 58 N.J. 354 , 357 (1971).] Reasoning that N.J.S.A. 2A:34-23 should be liberally construed, the Court held ...

docket:	a3538-93
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	45673

4495 STATE OF NEW JERSEY v. T.R.G. -- rank: 813

... ineligibility in accord with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, after denying defendant's motion for ... affirm. Defendant was convicted of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), (count one); two second-degree aggravated assaults, N.J.S.A. 2C:14-2(b), (counts two and three); and three second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts four, eight, and thirteen). The ... A] trial court should identify the relevant aggravating [factors of N.J.S.A. 2C:44-1(a)] and mitigating factors [of N.J.S.A. 2C:44-1(b)], determine which factors are supported ...

docket:	a5308-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-17
status:	unpublished
citation:
Document Size:	102552

4496 IN THE MATTER OF THE PETITION OF PUBLIC SERVICE ELECTRIC AND GAS COMPANY -- rank: 813

... GAS COMPANY FOR A DETERMINATION PURSUANT TO THE PROVISIONS OF N.J.S.A. 40:55D-19 (SUSQUEHANNA - ROSELAND TRANSMISSION LINE) __________________________________ Argued May 2 ... the Board of Public Utilities (the Board), issued pursuant to N.J.S.A. 40:55D-19, that ordinances, regulations and other municipal requirements imposed under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, shall not apply to the ... filed its petition in January 2009, seeking an order under N.J.S.A. 40:55D-19, exempting it from local land use regulation ... whether to exempt it from local land use regulation under N.J.S.A. 40:55D-19. The Board concluded the Project was reasonably ... standard that applies to generation sources located within the State." N.J.S.A. 48:3-51. The Board was required to adopt ...

docket:	a4536-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-02
status:	unpublished
citation:
Document Size:	62930

4497 JUDITH A. DINAPOLI v. BOARD OF EDUCATION OF THE TOWNSHIP OF VERONA ESSEX COUNTY -- rank: 813

... OAL) for a hearing as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. The parties agreed to resolve ... and not contractual. Zimmerman , supra , 38 N.J. at 72. N.J.S.A. 18A:17-2 defines the conditions under which secretarial employees ... aff'd , 89 N.J. 216 (1982). The Board argues N.J.S.A. 18A:17-2 authorizes tenure to be maintained only while ... tenure rights upon transfer to a certificated position. Nor does N.J.S.A. 18A:17-2 reflect a legislative design to provide secretaries ... employment, the right to retain tenure. Rather, the language of N.J.S.A. 18A:17-2 limits the retention of tenure to the ... had intended for a secretary, who acquired tenure pursuant to N.J.S.A. 18A:17-2 (b) or (c), to retain tenure ...

docket:	a5649-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	published
citation:	434 N.J.Super. 233 83 A.3d 857
Document Size:	58073

4498 STATE OF NEW JERSEY v. ANTHONY MAHONEY -- rank: 813

... and "create[] a double standard for a criminal violation of N.J.S.A. 2C:20-9." We agree, in part, with defendant's ... the prosecutor must consider the factors set forth in both N.J.S.A. 2C:43-12 and R. 3:28, Guideline 3. No ... of the Pre-Trial Intervention program is set forth at N.J.S.A. 2C:43-12 and -13, supplemented by guidelines adopted by the Supreme Court pursuant to N.J.S.A. 2C:43-14. The purpose of PTI is to augment ... be undermined through indiscriminate and unsupervised consumption of drugs. See N.J.S.A. 24:21-1 et seq. Whether this "entrusting" is sufficient ...

docket:	a3364-02
court:	njappellate
decided:	2005-03-17
status:	published
citation:	376 N.J. Super. 63
Document Size:	69666

4499 /usr/local/share/www/libweb/collections/courts/supreme/a-70-18.opn.html -- rank: 813

... s Office concluded that Martinez’s actions were justified under N.J.S.A. 2C:3-4 and 3-5 because he “reasonably ... criminal charges filed against him: second-degree eluding an officer, N.J.S.A. 2C:29-2; second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5; third-degree resisting arrest, N.J.S.A. 2C:29-2; and possession with intent to distribute less than half an ounce of cocaine, N.J.S.A. 2C:35-5. Baskin was ultimately sentenced to a four ...

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4500 Paula Melnyk v. Board of Education of the Delsea Regional High School District -- rank: 813

... for longer than the time needed to acquire tenure under N.J.S.A. 18A:28-5(a). She filed this action before the ... that position to satisfy the service requirement for tenure. See N.J.S.A. 18A:28-5(a)(2) (requiring employment for three consecutive ... and the protections provided to a tenured teaching staff member. N.J.S.A. 18A:28-1 to -18 (the Tenure Act or Act ... any school district or under any board of education.” N.J.S.A. 18A:28-5(a). The statutory scheme then imposes a ... for tenure unless they come within the explicit exceptions in N.J.S.A. 18A:28-5 or related statutes such as N.J.S.A. 18A:16-1.1.” Id. at 81. The ...

docket:	a-77-18
court:	NJ Supreme Court
decided:	2020-01-30
status:
citation:
Document Size:	54543