Search Rutgers Law Library N.J. Court Opinions

661 CITY OF LONG BRANCH v. JOYCE MELLILO -- rank: 841

... the City, appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that the ... the purpose of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view its analysis ... that basis, the study concluded that Oceanfront North satisfied the N.J.S.A. 40A:12A-5(a) redevelopment criterion that "[t]he generality ... extensiveness of vacant land was consistent with the criterion in N.J.S.A. 40A:12A-5(c) that land be unamenable to private ... the property's remoteness, topography, or soil conditions. For the N.J.S.A. 40A:12A-5(d) criterion of conditions that are "detrimental ... way caused by them. The final statutory criterion was in N.J.S.A. 40A:12A-5(e), a growing or total lack ...

docket:	a0195-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	158230

662 STATE OF NEW JERSEY v. STEVEN R. FORTIN -- rank: 841

... degree purposeful and knowing murder of M.P. (Mary), 1 N.J.S.A. 2C:11-3(a)(1) and (2); first-degree felony ... the course of committing the crime of aggravated sexual assault, N.J.S.A. 2C:11-3(a)(3); and first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a). Following a penalty-phase trial before ... grand jury subsequently returned a supplemental indictment, finding aggravating factors N.J.S.A. 2C:11-3(c)(4)(c) (2006), "[t]he murder ... of mind, or an aggravated assault to the victim[,]" and N.J.S.A. 2C:11-3(c)(4)(g) (2006), "[t]he murder ... murder, felony murder, and two counts of aggravated sexual assault. N.J.S.A. 2C:11-3(b) (2006), amended by L. 2007, ...

docket:	a1163-10
court:	NJ Superior Court Appellate Division
decided:	2015-10-20
status:	unpublished
citation:
Document Size:	80258

663 Michael DePalma, et al. v. Building Inspection Underwriters, et al. -- rank: 841

... damages awarded for a violation of the Family Leave Act, N.J.S.A. 34:11B-1 to -16 (the Act). Defendant Building Inspection ... 10,000, the maximum allowed under the Family Leave Act, N.J.S.A. 2A:15-5.9 to -5.17; and the award ... the roles of sub-code officials for those municipalities. See N.J.S.A. 52:27D-124. Cherry Hill was one of the municipalities ... security and parenting or providing care for ill family members." N.J.S.A. 34:11B-2. The Legislature expressly found it necessary "to ... See footnote 7 7 Such leave may be taken "intermittently," N.J.S.A. 34:11B-4a, on a "reduced leave" schedule, so long ... circumstances and avoids undue disruption of the employer's operations. N.J.S.A. 34:11B-5. The Sponsors' Statement to Senate 2035 ...

docket:	a7022-98
court:	njappellate
decided:	2002-04-15
status:	published
citation:	350 N.J. Super. 195 794 A.2d 848
Document Size:	72668

664 STATE OF NEW JERSEY v. ROBERT B. WIGGINS -- rank: 841

... B. Wiggins of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1), and two disorderly persons drug ... indicted defendant for second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); fourth-degree unlawful possession of a defaced firearm, N.J.S.A. 2C:39-3(d); and second- degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1). Defendant was also charged with ... disorderly persons offenses—possession of A-5138-18 2 marijuana, N.J.S.A. 2C:35-10(a)(4), and possession of drug ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

665 RICHARD LOPEZ and FRANCISCA VALENTIN and CARMELO VALENTIN v. BOROUGH OF SAYREVILLE GPU ENERGY, INC. -- rank: 841

... to warn is governed by the Products Liability Act (PLA) N.J.S.A. 2A:58C-1 to -11. Under N.J.S.A. 2A:58C-2, a plaintiff can prove that a product ... warn if the product contains an adequate warning or instruction." N.J.S.A. 2A:58C-4. An "adequate warning" is defined as: [O ... intended purpose because it . . . was designed in a defective manner." N.J.S.A. 2A:58C-2. In determining whether a product was defectively ... after summations, to instruct the jury on the provisions of N.J.S.A. 2C:2-3 (causal relationship between conduct and result). The ...

docket:	a0158-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-09
status:	unpublished
citation:
Document Size:	203596

666 STATE OF NEW JERSEY v. HERBERT MAYS -- rank: 841

... and Herbert Mays, who are cousins, for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); first-degree robbery, N.J.S.A. 2C:15-1a(1) or (3) and N.J.S.A. 2C:2-6 (count two); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four). The grand jury also indicted ... and Free for third-degree 1 tampering with a witness, N.J.S.A. 2C:28-5(a)(1) and/or (2) and ...

docket:	a5237-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-20
status:	Published
citation:
Document Size:	116195

667 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 841

... of conviction for these offenses: third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (count four); second-degree unlawful possession of an assault firearm, N.J.S.A. 2C:39-5(f) (count six); fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f) (count seven); fourth-degree possession of an illegal ammunition magazine, N.J.S.A. 2C:39-3(j) (count eight); and fourth-degree ...

docket:	a4021-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	101230

668 State v. Anderson Garron -- rank: 841

... whether the trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victim’s ... presented clear and convincing evidence to dispel the presumption under N.J.S.A. 2C:14-7b against submitting evidence of J.S.’s ... victim freely and affirmatively permitted the sexual behavior complained of.” N.J.S.A. 2C:14-7d. However, the Shield Statute only permits the ... whether the trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victim’s ... indicted defendant Anderson Garron for first-degree aggravated sexual assault, N.J.S.A. 2C:14-3a, and second-degree official misconduct, N.J.S.A. 2C:30-2a, as a result of an encounter ...

docket:	a-16-02
court:	njsupreme
decided:	2003-07-23
status:
citation:	177 N.J. 147
Document Size:	148455

669 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 841

... the Fair Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D-302. With those regulations, the Council on Affordable ... mirroring the judicially crafted remedy. The FHA also created COAH, N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... the Fair Housing Act (FHA), L. 1985, c. 222. See N.J.S.A. 52:27D-302; Hills Dev. Co. v. Twp. of Bernards ... 1, 12 (1993) ( citing to Mount Laurel obligation found in N.J.S.A. 52:27D-302(a), (d), (e), -311(a), -314(a ... Further, the FHA created the Council on Affordable Housing (COAH), N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... call by enacting the FHA. L. 1985, c. 222; see N.J.S.A. 52:27D-302. B. The FHA created COAH and ...

docket:	a7211
court:	NJ Superior Court Appellate Division
decided:	2013-09-26
status:	published
citation:
Document Size:	269019

670 /usr/local/share/www/libweb/collections/courts/tax/12945-11.opn.html -- rank: 841

... in 1945, New Jersey enacted the Corporation Business Tax Act. N.J.S.A. 54:10A-1 to -28. Though amended as described in ... CIT) applied to income derived from sources within New Jersey. N.J.S.A. 54:10E-2 (repealed 2002). This differed from the franchise ... Tax for the privilege of doing business in the state. N.J.S.A. 54:10A-2 (amended 2002). The Corporation Income Tax was ... payroll and receipts utilized for the Corporation Business Tax. Compare N.J.S.A. 54:10A-6, 54:10E-6 (repealed 2002). In particular ... all other business receipts . . . earned within the state.” Compare, N.J.S.A. 54:10A-6(B)(4), (6). N.J.S.A. 54:10E-6(B)(4), (6) (repealed 2002). The ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	209708

671 I/M/O TOWN OF HARRISON AND FRATERNAL ORDER OF POLICE -- rank: 841

... into by appellants were creditable compensation for pension purposes under N.J.S.A. 43:16A-1(26)(a). Thus, to be clear, we ... collective bargaining agreements constitute creditable compensation benefits as defined in N.J.S.A. 43:16A-1(26)(a) or N.J.A.C ... Legislature in the Police and Firemen's Retirement System Act, N.J.S.A. 43:16A-1 to -68, and the regulations promulgated by ... and "responsibility for the proper operation of the retirement system." N.J.S.A. 43:16A-13(a)(1). Although the Division of Pensions ... as "a labor organization and representative within the meaning of N.J.S.A. 34:13A-3 ( e )." This appellant represents all uniformed officers ... in anticipation of the member's retirement," in violation of N.J.S.A. 43:16A-1(26)(a). As was the case ...

docket:	a0123-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	published
citation:
Document Size:	137876

672 /usr/local/share/www/libweb/collections/courts/appellate/a3113-17.opn.html -- rank: 841

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, tortious conduct, and civil liability in accordance with N.J.S.A. 2A:58D-1 for invasion of privacy against her employer ... eleven); negligent infliction of emotional distress (count twelve); violation of N.J.S.A. 2A:58D- -1 (count thirteen); and claims against unidentified John ... the requirements of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3.3 It also ... because the claim was barred under the Workers' Compensation Act, N.J.S.A. 34:15-1 to -146, and was entitled to summary ... on count thirteen, which alleged a cause of action under N.J.S.A. 2A:58D-1, because there was no evidence TCNJ ...

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Document Size:	73588

673 ROBERT C. BROWN V. TWP. OF OLD BRIDGE -- rank: 841

... of his PFRS retirement allowance because he erred in reading N.J.S.A. 43:16A-7 "in para materia"; (3) the application of N.J.S.A. 40A:14-154, constitutes an improper attachment, garnishment or assignment ... compensation in the form of long-term disability benefits; (4) N.J.S.A. 40A:14-154 is unconstitutional; (5) the trial judge erred ... health benefits at the discretion of the Council, pursuant to N.J.S.A. 40A:10-23.         6.     Payment of all accrued vacation, sick ... 22, 1986, resolution was unenforceable because it was preempted by N.J.S.A. 40A:14-154. This statute provides:          If a member or ... Brown I ), certif. denied , 133 N.J. 440 (1993) that N.J.S.A. 40A:14-154 preempted the field of "special compensation" ...

docket:	a0522-97
court:	njappellate
decided:	1999-03-19
status:	published
citation:	<a href=
Document Size:	95312

674 /usr/local/share/www/libweb/collections/courts/tax/16504-13opn.opn.html -- rank: 841

... the portion of the building it occupies and possesses under N.J.S.A. 54:4-2.3 or N.J.S.A. 54:4-1.10, or, is exempt from local property tax under N.J.S.A. 54:4- 3.3, N.J.S.A. 54:4-3.6, or N.J.S.A. 18A:72A-18. 1 For the reasons set forth below ... the Ursino Restaurant facility at Kean University.” Relying upon N.J.S.A. 54:4-2.3, Union Township maintained that Gourmet ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	101744

675 IN THE MATTER OF THE ADOPTION OF N.J.A.C 7:15-5.24(b) AND N.J.A.C 7:15-5.25 -- rank: 841

... valid. By way of background, the DEP's enabling statute, N.J.S.A. 13:1D-1 to -137, authorizes the agency to "formulate ... resources of the State [and] the promotion of environmental protection . . . ." N.J.S.A. 13:1D-9. With specific regard to water resources, the Water Quality Planning Act (WQPA), N.J.S.A. 58:11A-1 to -16, provides for the restoration and ... including a planning process to control and maintain water quality. N.J.S.A. 58:11A-2. Similarly, the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -60, "provides for restoration, enhancement and ... quality programs "in concert with other social and economic objectives," N.J.S.A. 58:11A-2a, and integrate other "Federal, State, regional ...

docket:	a3262-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	published
citation:	420 N.J. Super. 552 22 A.3d 94
Document Size:	95381