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4561 SAMUEL HEKEMIAN v. TOWNSHIP OF CRANFORD -- rank: 813

... fees and costs under the New Jersey Civil Rights Act, N.J.S.A. 10:6-2. We must defer to the trial court ... s argument that the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-2, authorized a fee award in this case ... award the prevailing party reasonable attorney's fees and costs. [ N.J.S.A. 10:6-2(c), (f).] The CRA was intended to ... because no such right has been "conferred" on it. See N.J.S.A. 10:6-2(c); Tumpson , supra , 218 N.J. at ... under the Law Against Discrimination, which bars discrimination in housing. N.J.S.A. 10:5-12(g), -27.1. To the extent we ... the resolution of existing and future disputes involving exclusionary zoning. . . ." N.J.S.A. 52:27D-303. [ Toll Bros. , supra , 173 N.J. ...

docket:	a5822-12
court:	NJ Superior Court Appellate Division
decided:	2016-04-26
status:	published
citation:	445 N.J.Super. 220 137 A.3d 543
Document Size:	57394

4562 Stomel v. City of Camden -- rank: 813

... claim under New Jersey’s Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Plaintiff Elliot Stomel was the ... Governing body” is a shorthand reference to the Faulkner Act, N.J.S.A. 40:69A-1 to -210, and to the specific government ... contrary to New Jersey’s Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. He also filed a claim ... 3, 2000, pending final approval by the City Council. See N.J.S.A. 34:19-1 to -8. On December 29, 1999, the ... public defenders. B.     The Municipal Public Defender’s Act (MPDA), N.J.S.A. 2B:24-1 to -17, provides that a public defender ... involves the intersection of the MPDA and the Faulkner Act, N.J.S.A. 40:69A-1 to -210 (also known as the ...

docket:	a-45-06
court:	njsupreme
decided:	2007-07-25
status:
citation:	*CITE_PENDING*
Document Size:	61557

4563 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:	a4848-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-02
status:	unpublished
citation:
Document Size:	62930

4564 STATE OF NEW JERSEY v. MICHAEL RICHARDS, -- rank: 813

... absentia and found guilty of third degree possession of cocaine, N.J.S.A. 2C:43-6f, the judge sentenced defendant to a mandatory ...

docket:	A0689-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-31
status:	published
citation:	351 N.J. Super. 289 798 A.2d 136
Document Size:	50184

4565 RIM BAOUAB v. 2600 ASSOCIATION, INC -- rank: 813

... a cause of action under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. Instead, plaintiff simply refers to ... of the condominium complex.' Id. at 656-57; see also N.J.S.A. 46:8B-12 ('The A-4039-19 18 association . . . is ... maintenance, repair, replacement, cleaning and sanitation of the common elements.' N.J.S.A. 46:8B- 14(a) (emphasis added). 'Whether or not incorporated ... and may enter into contracts, bring suit and be sued.' N.J.S.A. 46:8B-15(a) (emphasis added). Regarding maintenance and repair, the Association acts through its Board of Trustees. N.J.S.A. 46:8B-14. Our courts have 'uniformly invoked the business ... liable for the debts, obligations, or liabilities of an LLC. N.J.S.A. 42:2C-30(a)(2). There is no evidence ...

docket:	a4039-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	52863

4566 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al. v. EXXON MOBIL CORPORATION -- rank: 813

... the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, for damages for ... a threat to the economy and environment of this State." N.J.S.A. 58:10-23.11a. Accordingly, "[t]he Legislature intends by ... 1987). Later amendments widened the Spill Fund's tax base, N.J.S.A. 58:10-23.11h (as amended by L. 1979, c ... Fund from the Department of the Treasury to the DEP. N.J.S.A. 58:10-23.11i (as amended by L. 1985, c ... strict joint and several liability scheme: Except as provided in [ N.J.S.A. 58:10-23.11g12], any person who has discharged a ... incurred by the department or a local unit pursuant to [ N.J.S.A. 58:10-23.11f]. [ 110 N.J. 69, 74, ...

docket:	a6588-05
court:	njappellate
decided:	2007-06-06
status:	published
citation:	393 N.J. Super. 388
Document Size:	76835

4567 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 813

... the relevant provisions of the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34, upon which plaintiffs' claims were ... release, lease, and creation of a lien or other encumbrance." N.J.S.A. 25:2-22. Further, the statute defines fraudulent transfer as ... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] In determining whether the debtor acted with ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] In an action alleging a fraudulent transfer ... Cir. 1991)). A fraudulent transfer may also be established under N.J.S.A. 25:2-27, "designed to protect creditors whose claims arose ... 272 N.J. Super. 398 , 404 (App. Div. 1994). Although N.J.S.A. 25:2-25 requires actual intent to defraud, N. ...

docket:	a3996-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-10
status:	unpublished
citation:
Document Size:	53092

4568 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. -- rank: 813

... Division conducted emergency removals of all their children pursuant to N.J.S.A. 9:6-8.29. The next day the Division filed ... fit the definition of a parent or guardian contained in N.J.S.A. 9:6-8.21(a) because she is "in effect ... permitted application of the statutory presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), 6 and the class ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8. As explained in Title Nine itself ... the three oldest children with their parents. B Pursuant to N.J.S.A. 9:6-8.32, after a parent whose child has ... imminent risk to the child's life, safety or health." N.J.S.A. 9:6-8.32. Under N.J.S.A. ...

docket:	a1898-14
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	unpublished
citation:
Document Size:	61440

4569 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 813

... person who, based on a prior conviction, is prohibited by N.J.S.A. 2C:39-7(b)(1) from possessing a handgun. He ... was charged with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count one); second-degree certain person not to have a weapon due to prior conviction, N.J.S.A 2C:39-7(b) (count two); fourth-degree possessing a defaced firearm, N.J.S.A. 2C:39-3(d) (count three); fourth-degree resisting arrest purposefully, N.J.S.A. 2C:29-2(a) (count four); and fourth-degree obstructing a criminal investigation, N.J.S.A 2C:29-1 (count five). The State dismissed all ...

docket:	a1508-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	36321

4570 DEBORAH KENO v. FRANKLYN PILGRIM -- rank: 813

... Litvak , 179 N.J. Super. 607 , 612 (App. Div. 1981). N.J.S.A. 9:17B-3 establishes "[a] rebuttable presumption against emancipation" prior ... J. 599 , 604 (1956)). "The modern view, as reflected in N.J.S.A. 9:2-4, is that both parents equally share the ... child rearing." White , supra , 313 N.J. Super. at 645. N.J.S.A. 2A:34-23 authorizes the courts to intervene to resolve ... time[.]" Lepis v. Lepis , 83 N.J. 139 , 145 (1980); N.J.S.A. 2A:34-23. Consequently, "alimony and support orders define only ... to the present and, if so, by what amount. See N.J.S.A. 2A:17-56.23a. The court can, if it deems ...

docket:	A3955-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-14
status:	unpublished
citation:
Document Size:	78625

4571 STATE OF NEW JERSEY v. MARK BRANTLEY -- rank: 813

... from three convictions: third-degree possession of cocaine, contrary to N.J.S.A. 2C:35-10a(1); third-degree distribution of less than one-half ounce of cocaine, contrary to N.J.S.A. 2C:35-5a(1) and -5b(3); and third-degree ... cocaine with intent to distribute near school property, contrary to N.J.S.A. 2C:35-5a and -7. He was sentenced to an ... of expert wit­nesses pursuant to the Public Defender Act, N.J.S.A. 2A:158A-1 to -25, and we may not interfere ... the conviction for third-degree distribution of cocaine, contrary to N.J.S.A. 2C:35-5, with the conviction for third-degree distribu­tion within a school-zone, contrary to N.J.S.A. 2C:35-7. There is another merger issue. Pursuant ...

docket:	a3830-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-15
status:	unpublished
citation:
Document Size:	81878

4572 DOWEL ASSOCIATES v. HARMONY TOWNSHIP LAND USE BOARD -- rank: 813

... and deadlines imposed by the Municipal Land Use Law [MLUL], N.J.S.A. 40:55D-1, et seq. , will be adhered to, except ... the filing of such plats with the county recording officer[.]" N.J.S.A. 40:55D-37(a). Pursuant to that authority, Harmony Township ... other utilities necessary for essential services to residents and occupants[.] [ N.J.S.A. 40:55D-38.] Pursuant to that authority, section 148-12A ... feasibility of the proposed sewage disposal systems. Finally, PRO cites N.J.S.A. 40:55D-22(b) 5 for the proposition that the ... the Federal [Water Pollution Control] Act." Id. at 83 (quoting N.J.S.A. 58:10A-2). Similarly, "[a]s a result of federal ... 1991) (citing 33 U.S.C.A. § 1288 and N.J.S.A. 58:11A-7). It is clear, and undisputed, that ...

docket:	a5564-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-09
status:	Published
citation:	403 N.J. Super. 1 956 A.2d 349
Document Size:	117340

4573 STATE OF NEW JERSEY v. OMAR B QUELIS-RODRIGUEZ -- rank: 813

... and was ultimately charged with third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), and first-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-5(a)(1), -5(b)(1). While released ... and was separately charged with third-degree theft by deception, N.J.S.A. 2C:5-1, 2C:20-4. Pursuant to a plea ... found a "risk that the defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). However, the court cited the ... his "conduct was the result of circumstances unlikely to recur." N.J.S.A. 2C:44-1(b)(8). However, defendant merely said the ... for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9), has lost all value. ...

docket:	a5152-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-10
status:	Published
citation:
Document Size:	54064

4574 DOROTHY L. MOODY v. THE VOORHEES CARE AND REHABILITATION CENTER -- rank: 813

... violated the Nursing Home Responsibilities and Residents' Rights Act (NHA), N.J.S.A. 30:13-1 to -17. On appeal, defendants and amicus ... part of that discussion, the report described and quoted from N.J.S.A. 30:13-5(j) of the NHA as specif[ying ... a violation of plaintiff's dignity under the NHA in N.J.S.A. 30:13-5(j). The trial judge initially held that ... Super. at 32. The patient's 'rights' are enumerated in N.J.S.A. 30:13- 5(a) to (n). The nursing home's 'responsibilities' are enumerated in N.J.S.A. 30:13-3(a) to (j). Under N.J.S.A. 30:13-8(a), a person can only bring ...

docket:	a5561-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-17
status:	Unpublished
citation:
Document Size:	49785

4575 State v. Michael Cahill -- rank: 813

... of .08. Defendant was issued four tickets: driving while intoxicated, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; consumption of alcohol in a motor vehicle, N.J.S.A. 39:4-51a; and possession of an open container, N.J.S.A. 39:4-51b. Defendant also received a summons for aggravated ... jury returned an indictment for fourth-degree assault by auto, N.J.S.A. 2C:12-1(c)(2). On September 19, 2008, defendant ... Chief Justice Wilentz issued a directive stating that offenses under N.J.S.A. 39:4-50 (operation of an automobile under the ...

docket:	A-47-11
court:	NJ Supreme Court
decided:	2013-04-01
status:
citation:	213 N.J. 253 61 A.3d 1278
Document Size:	91545