Search Rutgers Law Library N.J. Court Opinions

571 /usr/local/share/www/libweb/collections/courts/appellate/a3472-17.opn.html -- rank: 841

... years' imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered restitution in the amount ... Defendant was charged with third-degree theft of an automobile, N.J.S.A. 2C:20-3(a) (count one); second-degree eluding, N.J.S.A. 2C:29-2(b) (count two); second-degree aggravated assault while eluding, N.J.S.A. 2C:12- 1(b)(6) (count three); and third-degree aggravated assault upon a law enforcement officer, N.J.S.A. 2C:12-1(b)(5) (count four). On September 28 ... s deviation from the Guidelines impacted the causation element of N.J.S.A. 2C:12-1(b)(6), a strict liability offense. ...

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572 PINELANDS PRESERVATION ALLIANCE v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 841

... LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 3 allowing the construction of ... impervious cover limits; (2) violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to 25, by creating a new habitat ... rulemaking; (3) ignored the requirements of the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management ... transition area waiver under the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. 5 Jaylin proposed developing its ... 7A:7E-5B and thus violated CAFRA's mandate in N.J.S.A. 13:19-10 that DEP issue a permit "only upon ... life processes at the site and within the surrounding region." N.J.S.A. 13:19-10(e). I. GENERAL LEGAL PRINCIPLES Except ...

docket:	a4880-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	published
citation:
Document Size:	137130

573 STATE OF NEW JERSEY v. JAMES C. ZARATE, -- rank: 841

... 85% parole disqualifier under the No Early Release Act ('NERA'), N.J.S.A. 2C:43-7.2, plus consecutive nine-year and four ... relating to the July 2005 homicide: ď‚· first-degree murder, N.J.S.A. 2C:11-3(a)(1)(a)(2) (count one); ď ... of a weapon (a metal pole) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count two); ď‚· fourth-degree unlawful possession of a weapon (a metal pole), N.J.S.A. 2C:39-5(d) (count three); ď‚· third-degree possession of a weapon (a knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count four); ď‚· fourth-degree unlawful possession of a weapon (a knife), N.J.S.A. 2C:39- 5(d) (count five); ď‚· second-degree ...

docket:	a2001-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	91539

574 State v. Jarrett Parker -- rank: 841

... Defendant Jarrett Parker challenges his conviction for first-degree carjacking, N.J.S.A. 2C:15-2, on the grounds that the trial judge ... II. The jury found defendant guilty of first-degree carjacking, N.J.S.A. 2C:15-2a(1), but acquitted him of first-degree kidnapping, N.J.S.A. 2C:13-1b(1), and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4A. The judge imposed a twenty-year term ... of parole ineligibility set by the No Early Release Act, N.J.S.A. 2C:43-7.2, and a five-year term of ...

docket:	A-67-11
court:	NJ Supreme Court
decided:	2014-01-15
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citation:	208 N.J. 385 31 A.3d 271
Document Size:	77221

575 /usr/local/share/www/libweb/collections/courts/appellate/a3393-15.opn.html -- rank: 841

... Frankenberg, and Cammarano defendants, the DEP sought perpetual easements under N.J.S.A. 12:3-64. The proposed easements would allow for the ... fide negotiations as required by the Eminent Domain Act (EDA), N.J.S.A. 20:3-1 to -50. On March 4, 2016, the ... shore protection purposes." Specifically, the trial court held that both N.J.S.A. 12:3-64 and the EDA permitted the DEP to ... engaging in bona fide negotiations with the property owners. See N.J.S.A. 20:3-6. Having held that the DEP properly exercised ... seeking a ruling that the DEP could not rely on N.J.S.A. 12:3-64 to acquire easements on their properties. The ... the DEP had statutory authority to acquire easements; (2) interpreting N.J.S.A. 12:3-64 to allow for the taking of ...

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court:	NJ Superior Court Law/Chancery Division
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citation:	451 N.J.Super. 214 166 A.3d 239
Document Size:	129157

576 JAMES LONG and HOMER WALKER v. NEW JERSEY TURNPIKE AUTHORITY - -- rank: 841

... of processing and collecting a toll violation in contravention of N.J.S.A. 27:23-34.3(a). On March 8, 2019, we ... of processing and collecting a toll violation, in compliance with N.J.S.A. 27:23-34.3(a); and that N.J.A ... highways: the New Jersey Turnpike and the Garden State Parkway. N.J.S.A. 27:23-3(a); N.J.A.C. 19:9 ... construction, operation, improvement, management, repair and maintenance of transportation projects .' N.J.S.A. 27:23-3(a).1 It may 'make and enter ... the purposes of the authority, and the costs associated therewith.' N.J.S.A. 27:23-4. A-1557-17 3 necessary or incidental ... performance of its duties and the execution of its powers.' N.J.S.A. 27:23-6.1(a). Of particular relevance to ...

docket:	a1557-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	76659

577 STATE OF NEW JERSEY v. C.B -- rank: 841

... his conviction by jury for first-degree aggravated sexual assault, N.J.S.A. 2C:14- 2(a)(1) (counts one, four and seven); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts two, five and eight); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1)(counts three, six and nine ... use initials to protect the privacy of W.B. See N.J.S.A. 2A:82-46; R. 1:38- 3(9), (12). 2 ... parole disqualifier pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.8 The trial court found aggravating factors two, three, and nine, N.J.S.A. 2C:44-1(a)(2), (3) and (9), assigning ' ...

docket:	a5090-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-01
status:	Unpublished
citation:
Document Size:	87954

578 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 841

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants ... one count of second-degree sexual assault upon his daughter, N.J.S.A. 2C:14-2b. He was sentenced to a four-year ... release registration and notification requirements pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -6 and N.J.S.A. 2C:7-6 to -11. His sentence was amended to ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison ... to one count of endangering the welfare of a child, N.J.S.A. 2C:24-4a, his stepson. He was sentenced to ...

docket:	a2138-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

579 IN THE MATTER OF THE ADOPTION OF N.J.A.C. 5:96 AND 5:97 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 841

... Affordable Housing (COAH), adopted under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, which establish the obligations ... obligation to petition COAH for substantive certification of the plan. N.J.S.A. 52:27D-313. If COAH grants substantive certification, the municipality ... of what was previously six and is now ten years. N.J.S.A. 52:27D-313(a). 2 A municipality's participation in ... the FHA's mandates that COAH "[d]etermine housing regions," N.J.S.A. 52:27D-307(a); "[e]stimate the present and prospective ... and moderate income housing at the State and regional levels[,]" N.J.S.A. 52:27D-307(b); and "[a]dopt criteria and guidelines ... fair share of the housing need in a given region," N.J.S.A. 52:27D-307(c)(1), COAH adopted "first round" ...

docket:	a5404-07
court:	superior court appellate division
decided:	2010-10-08
status:	published
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580 /usr/local/share/www/libweb/collections/courts/appellate/a3357-14a3395-14.opn.html -- rank: 841

... Tiwan Flagler and Darnell Wilson for first-degree armed robbery, N.J.S.A. 2C:15- 1 (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four). Flagler was also indicted ... additional counts for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count five); and second-degree ...

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581 NORTH BRUNSWICK TOWNSHIP BOARD OF EDUCATION v. KIMBERLY HARRINGTON -- rank: 841

... They asserted that the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (Charter School Act or CSPA ... of education, and are managed by a board of trustees. N.J.S.A. 18A:36A- A-3415-16T1 8 3(a).2 Applications to establish a charter school are governed by N.J.S.A. 18A:36A-4 and -5, and the implementing regulation, N ... Commissioner has final authority to grant or reject a charter. N.J.S.A. 18A:36A- 4(c). 'The notification to eligible applicants not ... emphasis added). Applications to renew a charter are governed by N.J.S.A. 18A:36A-17, and the implementing regulation, N.J.A ... having its charter renewed, was organizationally sound and fiscally viable. N.J.S.A. 18A:36A-16(b); N.J.A.C. 6A: ...

docket:	a3415-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
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Document Size:	66225

582 CHARLES J. KRATOVIL, v. MARK A. ANGELSON -- rank: 841

... of the New Jersey First Act (NJFA or the Act), N.J.S.A. 52:14-7. Plaintiff Charles J. Kratovil is the editor ... appointment to comply with the residency requirements of the statute. N.J.S.A. 52:14-7(a). The Act explicitly authorizes New Jersey ... who do not reside in the State of New Jersey. N.J.S.A. 52:14-7(d). In their opposition to this action ... consent that they argue is required under the Rutgers Act, N.J.S.A. 18A:65-1 to -103. Absent such consent, defendants contend ... to have their principal residences in New Jersey. Pursuant to N.J.S.A. 52:14-7(d), Mr. Kratovil sought to oust each ... position” in state or local government, including school 4 districts. N.J.S.A. 52:14-7(a). See also Jason Rindosh, Comment, ...

docket:	L-1254-18
court:	NJ Superior Court Appellate Division
decided:	2020-08-03
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citation:
Document Size:	115122

583 /usr/local/share/www/libweb/collections/courts/tax/011704-20.opn.html -- rank: 841

... capital or property, or maintaining an office in New Jersey. N.J.S.A. 54:10A-2. In general, corporations which are subject to ... of their “entire net income” allocable to New Jersey. N.J.S.A. 54:10A-5(c)(1). Corporations electing S corporation status ... income of an electing S corporation is subject to CBT. N.J.S.A. 54:10A-5(c)(2). For tax years ending on ... imposed on an S corporation’s entire net income. 7 N.J.S.A. 54:10A-5(c)(2)(ii). Further, an electing S corporation is not subject to the GIT. N.J.S.A. 54A:5-9. The income, dividends, and gains of an ... S corporation’ pursuant to [I.R.C.§1361].” N.J.S.A. 54:10A-4(o). A “New Jersey S ...

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court:	NJ Superior Court Law/Chancery Division
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584 STATE OF NEW JERSEY v. JAMES L. RANDALL -- rank: 841

... distribute on or within 500 feet of certain public property, N.J.S.A. 2C:35-7.1(a) (count one); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3) (count two); and third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count three). 1 Judge Jeanne ... The first introduced the official Burlington City map designated by N.J.S.A. 2C:35-7(f) and -7.1, depicting the areas ... In Boston , the defendant was charged with second-degree conspiracy, N.J.S.A. 2C:5-2, "to violate laws respecting possession of heroin ... extended term and the State proved the statutory requirements of N.J.S.A. 2C:44-3(a), permitting the imposition of a ...

docket:	a5237-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-06
status:	unpublished
citation:
Document Size:	84147

585 STATE OF NEW JERSEY, v. TONIJAH CRISS -- rank: 841

... nine, ten and eleven with count one, second-degree racketeering, N.J.S.A. 2C:41-2. On that count, Eric was sentenced to ... parole. On count two, second-degree leader of organized crime, N.J.S.A. 2C:5-2(g), ten years, to run consecutively with ... on count one; on count four, second-degree money laundering, N.J.S.A. 2C:21-25(b), ten years, three years to be ... on count six, failure to file an income tax report, N.J.S.A. 54:52-8, four years, concurrent to counts one and ... on count eight, second-degree manufacturing of false government documents, N.J.S.A. 2C:21-2.1(b), eight years concurrent to counts ... on count 403, fourth-degree possession of false government documents, N.J.S.A. 2C:21-2.1(d), one year concurrent to ...

docket:	a1345-11
court:	superior court trial
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288546