Search Rutgers Law Library N.J. Court Opinions

811 /usr/local/share/www/libweb/collections/courts/tax/15083-14.opn.html -- rank: 841

... whether plaintiff is entitled to investment company treatment pursuant to N.J.S.A. 54:10(a)-4(f) and -5(d) for tax ... electing to be taxed as an investment company pursuant to N.J.S.A. 54:10A-5(d) for the 2005 tax year. Plaintiff ... is entitled to preferential treatment as an investment company under N.J.S.A. 54:10A-5(d) if it is subject to CBT ... plaintiff satisfies every statutory requirement for investment company treatment under N.J.S.A. 54:10A-5(d). Defendant responded on June 28, 2016 ... a limited partner constitutes a permissive “other security” under N.J.S.A. 54:10-4(f). An oral argument concerning the motion ... ultra vires and void because it contravenes legislative intent behind N.J.S.A. �54:10A-5(d) and -4(f) . Defendant argues ...

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court:	NJ Superior Court Law/Chancery Division
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812 /usr/local/share/www/libweb/collections/courts/appellate/a4524-17.opn.html -- rank: 841

... alleged violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, based on her 'handicap/sickness ... violations of the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, based on her objections to ... activities; violations of the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6- 1 to -2, based on the LAD and ... the CRA claim, the judge stated that in order for N.J.S.A. 10:6- 2(c) to 'provide[] redress for violation of ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); A-4524-17T3 31 (3) an ... 177 N.J. 451, 462 (2003)).] Pertinent to this appeal, N.J.S.A. 34:19-3(c) provides that an employer shall ...

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813 STATE OF NEW JERSEY v. D.A.-A -- rank: 841

... his sentence and convictions for: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (count one); second-degree sexual assault of ... old when the actor is at least four years older, N.J.S.A. 2C:14-2b (count two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three). We affirm. The victim of ... review during deliberations. Defendant was convicted of aggravated sexual assault, N.J.S.A. 2C:14-2a (count one); sexual assault on a victim less than thirteen years old, N.J.S.A. 2C:14-2b (count two); and endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three). He was sentenced on ...

docket:	a0035-07
court:	superior court appellate division
decided:	2010-08-20
status:	unpublished
citation:
Document Size:	183642

814 STATE OF NEW JERSEY v. EVAN REECE -- rank: 841

... of two disorderly persons offenses: obstructing the administration of law, N.J.S.A. 2C:29-1(a), and resisting arrest, N.J.S.A. 2C:29-2(a). He appeals. We now reverse the ... upon Hall, whose knee ligaments were torn during the altercation, N.J.S.A. 2C:12-1(a)(1), and of the obstructing and ... or obstacle, or by means of any independently unlawful act." N.J.S.A. 2C:29-1(a) (emphasis added). In the absence of ... was made under "color of . . . official authority" and was announced. N.J.S.A. 2C:29-2(a); see also State v. Brennan , 344 ... simply did not constitute unlawful force. The Legislature, by enacting N.J.S.A. 2C:29-2(a), concluded that a citizen must ...

docket:	a2569-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	123219

815 /usr/local/share/www/libweb/collections/courts/appellate/a3207-12xx.opn.html -- rank: 841

... Division took temporary custody of A.J. under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. At the Title ... reunification. The Division filed a guardianship complaint under Title Thirty, N.J.S.A. 30:4C-11 to -15.4. The guardianship trial commenced ... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). Under Title Thirty, the Division must ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). The Division must show that: (1 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two ...

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court:	NJ Superior Court Law/Chancery Division
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816 STATE OF NEW JERSEY v. STEVE COTTO -- rank: 841

... one-count indictment charging defendant with second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(2). Defendant moved to suppress statements ... the purpose of destroying a building or structure of another.' N.J.S.A. 2C:17-1(a)(2) (emphasis added). We also reject ...

docket:	a4063-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-18
status:	Published
citation:
Document Size:	124504

817 VERIZON NEW JERSEY, INC. VS. BOROUGH OF HOPEWELL -- rank: 841

... 2009 on its business personal property in the Borough under N.J.S.A. 54:4-1. In two published decisions, the Tax Court ... to Chapter 4 of the Franchise and Gross Receipts Tax, N.J.S.A. 54:30A-16 to -29, repealed by L.1997, c ... or occupying public streets, highways, roads and other public places,' N.J.S.A. 54:30A-18. In 1945, when the A-2909-18 7 Legislature passed the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -40, requiring domestic and foreign corporations ... State, county or local taxation' on intangible business personal property, N.J.S.A. 54:10A- -2, it expressly exempted all corporations subject to the Franchise and Gross Receipts Tax's Chapter 4, N.J.S.A. 54:10A-3(a) (excluding from the CBT those ...

docket:	a2909-18redacted
court:	appellate
decided:	2024-07-25
status:	Published
citation:
Document Size:	139895

818 ONYX ACCEPTANCE CORPORATION v. TRUMP HOTEL & CASINO RESORTS, INC., et al. -- rank: 841

... punitive damages, and violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. The judge granted summary judgment ... under the CFA, and awarded Trump $30,000 pursuant to N.J.S.A. 2A:15-59.1 as its reasonable counsel fees spent ... or damaged thereby, is declared to be an unlawful practice; . . . [ N.J.S.A. 56:8-2.] Without dispute, the CFA applies to the ... The first two [categories] are found in the language of N.J.S.A. 56:8-2, and the third is based on regulations enacted under N.J.S.A. 56:8-4." Cox , supra , 138 N.J. at 17 ... rooms constituted an unconscionable business practice violative of the CFA, N.J.S.A. 56:8-2, separate and apart from Trump's ...

docket:	a5207-05
court:	njappellate
decided:	2008-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	201245

819 IN RE THE MATTER 1999-2000 <u -- rank: 841

... those matters would be considered "controversies" under the School Laws, N.J.S.A. 18A:7A-1 to 7F- 34, and established the process ... be made thereafter in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1. N.J.S.A. 18A:7F-35. The statute provided that any regulations adopted ... to implement the Supreme Court's directive in Abbott V . N.J.S.A. 18A:7F-36. ����On September 9, 1999, after public hearings ... pursuant to the statutory authority granted by the Legislature. See N.J.S.A. 18A:7F-35 and -36. Although the Legislature acted pursuant ... the Supreme Court of New Jersey in Abbott v. Burke .�.�.�." N.J.S.A. 18A:7F-36. Only in instances where the Court ...

docket:	A1420-99
court:	NJ Superior Court Appellate Division
decided:	2002-02-22
status:	published
citation:	348 N.J. Super. 382 792 A.2d 412
Document Size:	139338

820 CITY OF ATLANTIC CITY v. ACE GAMING, LLC -- rank: 841

... by the Director of the Division of Taxation pursuant to N.J.S.A. 54:1-35(a) to 35(c) ( L. 1973, c ... County Board of Taxation (hereinafter the “Board”) pursuant to N.J.S.A. 54:3-21. After a hearing was held, the Board ... reduction). Atlantic City appealed to the Tax Court pursuant to N.J.S.A. 54:51A-1, seeking review of Board’s 1996 judgment ... constitution, New Jersey’s legislature adopted the Casino Control Act ( N.J.S.A. 5:12-1 to -210; hereinafter the “Act”), which ... a unique tool of urban redevelopment for Atlantic City,” N.J.S.A. 5:12-1(b)(4) (emphasis added), finding that the ... L.1992, c.19 (C. 5:12-191 et seq.). [ N.J.S.A. 5:12-6] A “casino hotel” or “ ...

docket:	00157-97
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decided:	2006-05-12
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Document Size:	361722

821 A.U.B. VS. E.L. -- rank: 841

... grand jury charged plaintiff with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a). He was incarcerated pending his criminal ... guilty to a reduced charge of fourth -degree criminal coercion, N.J.S.A. 2C:13-5. He was sentenced to a three-year ... custody, the judge reviewed the fourteen statutory factors identified in N.J.S.A. 9:2-4(c), namely: the parents' ability to agree ... v. Beck, 86 N.J. at 485. To that end, N.J.S.A. 9:2-4 provides that: A-0063-22 33 [I ... determine to be in the best interests of the child.' N.J.S.A. 9:2-4(a) to (c). The court must also ... of her charge to review the fourteen statutory factors under N.J.S.A. 9:2-4(c) when assessing custody. In rejecting ...

docket:	a0063-22
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	76722

822 MASTEC RENEWABLES CONSTRUCTION COMPANY INC v. SUNLIGHT GENERAL MERCER SOLAR, LLC, -- rank: 841

... was not valid because the County Improvement Authorities Law (CIAL), N.J.S.A. 40:37A-44 to -135, specifically exempts the property of ... 6-2(e). The trial court held that pursuant to N.J.S.A. 40:37A-127, all of MCIA's property is exempt ... project fund pursuant to the Municipal Mechanics' Lien Law (MMLL), N.J.S.A. 2A:44-125 to -142. Amicus curiae Utility and Transportation ... politic and corporate constituting a political subdivision of the State[.]' N.J.S.A. 40:37A-55. Furthermore, 'an authority shall not constitute or ... of a municipality for the purposes of any other law[.]' N.J.S.A. 40:37A-90. Liens under the MMLL attach only to ... city, town, township, public commission, public board or other municipality[.]' N.J.S.A. 2A:44-126 -128. The MMLL does not apply ...

docket:	a1833-15
court:	NJ Superior Court Appellate Division
decided:	2020-02-06
status:	Published
citation:
Document Size:	67883

823 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 841

... convicted of first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (Count One); second-degree conspiracy to distribute a controlled dangerous substance (CDS), heroin and/or cocaine, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(2), and N.J.S.A. 2C:5-2 (Count Two); second-degree employment of a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6 (Count Three); first-degree maintaining or operating a CDS production facility, heroin and/or cocaine, N.J.S.A. 2C:35-4 (Count Four); two counts of third- ...

docket:	a5814-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
citation:
Document Size:	144721

824 /usr/local/share/www/libweb/collections/courts/appellate/a2244-03.opn.html -- rank: 841

... important personal, emotional and economic committed relationships with another individual," N.J.S.A. 26:8A-2(a); that "[t]hese familial relationships, which ... for the financial, physical and emotional health of their participants," N.J.S.A. 26:8A-2(b); and that "[b]ecause of the ... benefits should be made available to individuals participating in them," N.J.S.A. 26:8A-2(c). The Domestic Partnership Act also contains ... when a medical emergency arises that affects a domestic partnership. [ N.J.S.A. 26:8a-2(d).] To accomplish these legislative objectives, the ... financial arrangements or joint ownership of real or personal property," N.J.S.A. 26:8A-4(b)(1), who "agree to be jointly ... each other's basic living expenses during the domestic partnership," N.J.S.A. 26:8A-4(b)(2), and who satisfy the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	378 N.J. Super. 168 875 A.2d 259
Document Size:	154545

825 STATE OF NEW JERSEY v. ANDRE MELLS -- rank: 841

... indictment charging defendant with first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree unlawful possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). Defendant was charged in a second ... count of second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). The trial court held back-to ... five years pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(b). 6 Defendant was sentenced on ... service of the minimum period of parole ineligibility under NERA, N.J.S.A. 2C:43-7.2, will exceed his life expectancy. ...

docket:	a1035-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	66602