Search Rutgers Law Library N.J. Court Opinions

586 EUGENE BERTA v. NEW JERSEY STATE PAROLE BOARD -- rank: 841

... 5 Berta was arrested and charged with knowing/purposeful murder, N.J.S.A. 2C:11-3, and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). He was released on bail and ... RELEASE, WHICH IT IS EMPOWERED TO DO. RETROACTIVE APPLICATION OF N.J.S.A. 30:4-123.55(F) TO REQUIRE A REMAND FOR ... State Parole Bd., 250 N.J. 431, 455 (2022); see N.J.S.A. 30:4-123.53 (1979). As the Court recently explained ... certain degree of subjectivity. 8 Under the current version of N.J.S.A. 30:4-123.53, the Board may deny parole if ... the inmate will violate conditions of parole imposed pursuant to [N.J.S.A. 30:4-123.59] if released on parole at ...

docket:	a1889-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
status:	Published
citation:
Document Size:	107939

587 D&M ASBURY REALTY, LLC, et al. v. CITY OF ASBURY PARK -- rank: 841

... satisfy applicable requirements under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -33, and the Residential Site Improvement ... to delegate such power. The Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, prescribes the manner and circumstances ... read in conjunction with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 (the Redevelopment Law). Areas in ... were previously deemed "blighted areas" under the Blighted Area Act, N.J.S.A. 40:55-21.1, repealed by L. 1992, c. 79 ... n.2 (App. Div. 2005), are subject to condemnation. See N.J.S.A. 40A:12A-5. N.J.S.A. 40A:12A-6. The planning board must hold a ...

docket:	A3022-03
court:	NJ Superior Court Appellate Division
decided:	2006-01-24
status:	unpublished
citation:
Document Size:	175545

588 VOLB V. G.E. CAPITAL CORPORATION -- rank: 841

... were immunized from tort liability under the Workers' Compensation Act, N.J.S.A. 34:15-1 to -128. The Appellate Division affirmed in ... regular employee of the borrowing employer against the special employee. N.J.S.A. 34:15-8 provides in pertinent part that         [i]f ... D.E. employee. As a result, the employer immunity of N.J.S.A. 34:15-8 does not prohibit directly the Volb estate ... corporate subsidiaries of the same corporate parent to enjoy the N.J.S.A. 34:15-8 immunity vested in only one of the ... accepted is that a corporation may not share the immunity N.J.S.A. 34:15-8 provides to a sister subsidiary corporation. [ Id ...

docket:	a-66-93
court:	njsupreme
decided:	1995-01-24
status:
citation:	139 N.J. 110
Document Size:	94774

589 IMO INDUSTRIES INC v. TRANSAMERICA CORPORATION -- rank: 841

Original Wordprocessor Version This case can also be found at 437 N.J.Super. 577 or 101 A.3d 1085. (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-6240-10T1 IMO ...

docket:	a6240-10
court:	NJ Superior Court Appellate Division
decided:	2014-09-30
status:	unpublished
citation:	437 N.J.Super. 577 101 A.3d 1085
Document Size:	217007

590 STATE OF NEW JERSEY v. FUQUAN WILLIAMS -- rank: 841

... his convictions for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a). We affirm. I. At defendant's ... Chances of having the Prosecutor Consent to Amelioration Pursuant to N.J.S.A. 2C:43-6.2 POINT IV: THE JURY VERDICT ON ... ASSIGNMENT JUDGE FOR EXEMPTION FROM THE GRAVES ACT PURSUANT TO N.J.S.A. 2C:43-6.2 [Partially raised below.] II. Defendant challenges ... offense of possessing a handgun without a New Jersey permit. N.J.S.A. 2C:39-5(b); see N.J.S.A. 2C:39-2(b). Defendant argues the detectives could ...

docket:	a0646-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	66529

591 MANALAPAN REALTY V. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN -- rank: 841

... application, it was formulating simultaneously a master plan pursuant to N.J.S.A. 40:55D-28 to guide the projected growth in the ... 52.] Both amendments were adopted after the Board, pursuant to N.J.S.A. 40:55D-26, found the proposed amendments to be substantially ... and is therefore violative of the Municipal Land Use Law, N.J.S.A. 40:55D-62a. Id. at 20. She also concluded that ... of the fifteen general purposes of the MLUL specified in N.J.S.A. 40:55D-2. Riggs , supra , 109 N.J. at 611 ... this case. See Zilinsky , supra , 105 N.J. at 367; N.J.S.A. 40:55D-62a. The only aspect of the Riggs standard ... the land-use element of the Master Plan.     The MLUL, N.J.S.A. 40:55D-5, defines a master plan as "a ...

docket:	a-61-94
court:	njsupreme
decided:	1995-06-06
status:
citation:	140 N.J. 366
Document Size:	80540

592 PHOENIX PINELANDS CORPORATION v. HARRY DAVIDOFF -- rank: 841

... s lands, the statutory prerequisite to a quiet title action, N.J.S.A. 2A:62-2, Phoenix, without notice to the State, presented ... h)(1)(A). New Jersey enacted the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -58, the following year, creating the ... law and assume primary responsibility for planning in the Pinelands, N.J.S.A. 13:18A-4. In that Act, the Legislature singled out ... in a severe adverse impact upon the entire pinelands area.' N.J.S.A. 13:18A-2. It established this 'Preservation Area' within the ... significant ecological and other resources representative of the pinelands area.' N.J.S.A. 13:18A-9(c)(1); see also Uncle v. N ... State should concentrate 'public acquisition of land or interests therein.' N.J.S.A. 13:18A-2. In its 1980 Comprehensive Management Plan, ...

docket:	a2823-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Published
citation:
Document Size:	302360

593 BOARD OF EDUCATION OF THE CITY OF CLIFTON v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF CLIFTON -- rank: 841

... s notice of the hearing on the application required by N.J.S.A. 40:55D-11 was defective; (2) in remanding the matter ... variance due to the BOE's failure to comply with N.J.S.A. 18A:7G-1 to -48, (EFCFA or Act); (7) in ... had not applied to the Planning Board as required by N.J.S.A. 40:55D-31a, and thus, the DOE should not have ... satisfied that the BOE had met it's obligations under N.J.S.A. 40:55D-31, and that it had considered Kirwan's ... plan and planning aspects of the project, as required by N.J.S.A. 40:55D-31a. Van Ness submitted a letter from the ... most pertinent regulations, dealing specifically with safety and transportation, include: . . . N.J.S.A. 18A:39-1.5 . . . N.J.A.C. 6A: ...

docket:	a0717-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-02
status:	published
citation:	409 N.J. Super. 389 977 A.2d 1050
Document Size:	224699

594 /usr/local/share/www/libweb/collections/courts/appellate/a4883-11.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	436 N.J.Super. 510 95 A.3d 741
Document Size:	136754

595 STATE OF NEW JERSEY v. STEVEN E. WRIGHT -- rank: 841

... a pharmacist. At trial, Wright unsuccessfully presented an insanity defense. N.J.S.A. 2C:4-1. The jury found him guilty of first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second ... possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a) (count two); and third-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b) (count three). After the jury determined ... to be served in a maximum security prison, pursuant to N.J.S.A. 2C:11-3(b)(4)(c). He appeals both the ... charged with one count of fourth-degree stalking, contrary to N.J.S.A. 2C:12-10(b) (count four). That count was ...

docket:	a1296-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	120559

596 Isaac Wright v. State of New Jersey et als. -- rank: 841

... to the relevant provisions of the Tort Claims Act (TCA), N.J.S.A. 2C:5-2. State v. Wright , 143 N.J. 580 ... finding that prosecutorial defendants are “State employees” within meaning of N.J.S.A. 59:10-1 and N.J.S.A. 59:1-1, et seq., effective July 1, 1972, is ... 4 (2001). Thus, this case is governed by the TCA. N.J.S.A. 59:1-2. The provision relevant to the issue of ... the same extent as a private individual under like circumstances.” N.J.S.A. 59:1-3. It defines “[p]ublic employee” as an ... N.J. 172, 162 A.2d 820 (1960).             [ Comment to N.J.S.A. 59:2-2.]     In McAndrew , supra , 33 N.J. ...

docket:	a-54-00
court:	njsupreme
decided:	2001-07-31
status:
citation:	169 N.J. 422
Document Size:	121292

597 JANTZEN, GIUSEPPIN NINA MATTHEW D., v. GREEN TOWNSHIP, -- rank: 841

... added assessment appeal under docket number 008224-2022 pursuant to N.J.S.A. 54:4-63.11. These matters 1 concern Taxpayers property ... of the tax bills for added assessments] was completed,” N.J.S.A. 54:4- 63.11, does not exist. 4 Upon receipt ... mail of the tax bills for added assessments required by N.J.S.A. 54:4-63.11. Green’s counsel, in his certification ... County Board of Taxation . . .” Ibid., (emphasis added). See also N.J.S.A. 54:51A-1(a) (providing that “[a]ny party ... R. 8:2(a), and an action or determination under N.J.S.A. 54:51A-1(a). New Jersey courts have applied the ... 1932). Moreover, the language of R. 8:2(a) and N.J.S.A. 54:51A-1(a) is broad enough for the ...

docket:	08224-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-30
status:	Published
citation:
Document Size:	68080

598 TODD B. GLASSMAN ,v. STEVEN P. FRIEDEL -- rank: 841

... settlement credit after enactment of the Comparative Negligence Act (CNA), N.J.S.A. 2A:15–5.1 to -5.8.2 However, since ... Assocs. v. Faugno, 182 N.J. 64, 75 (2004) (quoting N.J.S.A. 2A:53A-1) (emphasis added). The Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5, 'was enacted to change the ... be [sixty percent] or more responsible for the total damages.' N.J.S.A. 2A:15-5.3(a). Those tortfeasors determined 'by the ... damages directly attributable to that [tortfeasor's] negligence or fault[.]' N.J.S.A. 2A:15-5.3(c). A-4042-19T3 12 In ... where multiple defendants may be liable for the 'same injury,' N.J.S.A. 2A:53A-1, a successive tortfeasor is liable generally ...

docket:	a4042-19
court:	NJ Superior Court Appellate Division
decided:	2020-12-03
status:	Published
citation:
Document Size:	83147

599 NANCY G. SLUTSKY v. KENNETH J. SLUTSKY -- rank: 841

... N.J. Super. 557 , 567 (App. Div. 1986); see also N.J.S.A. 2A:34-23.1(m) (requiring "debts and liabilities of ... not limited to, the sixteen statutory factors set forth in N.J.S.A. 2A:34-23.1. Fashioning an equitable distribution of marital ... courts must remain true to the legislative mandate expressed in N.J.S.A. 2A:34-23.1, which assures an ordered equitable distribution ... a separate, particular item of property within the meaning of N.J.S.A. 2A:34-23. Potential earning capacity is doubtless a factor ... This demands an examination of equitable factors set forth in N.J.S.A. 2A:34-23.1. The Legislature has mandated: "In every ... intrinsic value associated with any amount determined as individual goodwill. N.J.S.A. 2A:34-23.1(p); see also Dugan , supra , ...

docket:	a5829-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-08
status:	published
citation:
Document Size:	101573

600 /usr/local/share/www/libweb/collections/courts/appellate/a2705-04.opn.html -- rank: 841

... Laurel doctrine or the Fair Housing Act of 1985 (FHA), N.J.S.A. 52:27D-301 to -329. It also contends that regional ... the Legislature enacted the FHA and the State Planning Act, N.J.S.A. 52:18A-196 to -207. The FHA created COAH to ... provide an administrative mechanism for implementing the Mount Laurel doctrine. N.J.S.A. 52:27d-307. The FHA directed COAH to divide the ... not inconsistent with the planning designations in the State Plan. N.J.S.A. 52:27D-307e. The State Planning Commission must provide COAH ... overcome the presumption of validity by clear and convincing evidence, N.J.S.A. 52:27D-317, violated the right of a party to ... into a regional contribution agreement (RCA) with the other municipality. N.J.S.A. 52:27D-312. The Court upheld the constitutionality of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	267921