Search Rutgers Law Library N.J. Court Opinions

1 FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12 v. CITY OF NEWARK -- rank: 1000

... the Legislature and the State Constitution.'). A-3298-17T3 33 N.J.S.A. 40:48-2, which is akin to the necessary and proper clause in ... act. N.J. Const. art. IV, § 7, ¶ 11; N.J.S.A. 40:48-2, N.J.S.A. 40:42-4, N.J.S ...

docket:	a3298-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Published
citation:	459 N.J.Super. 458 212 A.3d 454
Document Size:	127465

2 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, et al. v. BOROUGH OF BELMAR, et al. -- rank: 945

... Law Div. 1987) (voiding a curfew imposed on minors), with N.J.S.A. 40:48-2.52b, d (permitting municipalities to impose curfews on juveniles between ... related to a legitimate interest." Id. at 564. ����Defendants cite N.J.S.A. 40:48-2.12m, which authorizes municipalities to regulate "the maintenance and condition ...

docket:	A2938-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1 777 A.2d 950
Document Size:	170470

3 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 945

... Law Div. 1987) (voiding a curfew imposed on minors), with N.J.S.A. 40:48-2.52b, d (permitting municipalities to impose curfews on juveniles between ... related to a legitimate interest." Id. at 564. ����Defendants cite N.J.S.A. 40:48-2.12m, which authorizes municipalities to regulate "the maintenance and condition ...

docket:	A2941-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:
Document Size:	170594

4 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 945

... Law Div. 1987) (voiding a curfew imposed on minors), with N.J.S.A. 40:48-2.52b, d (permitting municipalities to impose curfews on juveniles between ... related to a legitimate interest." Id. at 564. ����Defendants cite N.J.S.A. 40:48-2.12m, which authorizes municipalities to regulate "the maintenance and condition ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565

5 MILE SQUARE TOWING LLC v. CITY OF HOBOKEN -- rank: 882

... s authorization to license and regulate towing services provided in N.J.S.A. 40:48-2.49, or impermissibly delegate authority to the director of Hoboken ... from sole provider contracting "to the towing model authorized by N.J.S.A. 40:48-2.49." Ordinance No. Z-131. While Chapter 184 does not ... Hoboken adopted this ordinance pursuant to the authority granted in N.J.S.A. 40:48-2.49. In pertinent part, N.J.S.A. 40:48-2.49 authorizes licensing and regulation of those in the business ... the fees charged for storage following removal in accordance with [ N.J.S.A. 40:48-2.50], fees charged for such removal , notice requirements therefor, and ... regulate the business of towing and storage of motor vehicles, N.J.S.A. 40:48-2.49. We consider them first. A Mile Square claims ...

docket:	a6104-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-13
status:	unpublished
citation:
Document Size:	53556

6 /usr/local/share/www/libweb/collections/courts/supreme/a-15-19.opn.html -- rank: 879

... be involved in the review of police misconduct complaints -- implicates N.J.S.A. 40:48-2, the police powers statute, which provides in part that a ... 40A:14-118; the “necessary and proper” clause of N.J.S.A. 40:48-2 offers further authority for the Council’s action; and N ... and to meet other needs of the community.” Ibid. N.J.S.A. 40:48-2, the police powers statute, provides that [a]ny municipality may ... citizenry,” a reference to its reservoir of power under N.J.S.A. 40:48-2; no other particular source of authority is cited. Nor is ... benefit the general welfare of the citizens of Newark. 35 N.J.S.A. 40:48-2 is a broad grant of police powers to municipalities. Id ... find has support in the general police powers statute. See N.J.S.A. 40:48-2. Newark argues, however, that in addition to the police ...

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Document Size:	116807

7 /usr/local/share/www/libweb/collections/courts/appellate/a2546-16a5399-16a5668-16.opn.html -- rank: 879

... authority to adopt ordinances or resolutions to regulate towing companies. N.J.S.A. 40:48-2.49 to -2.54. Municipalities were authorized to: (1) establish ... of fees or other charges' that towing companies could charge, N.J.S.A. 40:48-2.49(a); (2) 15 A-2546-16T4 designate a municipal officer or agency to enforce the ordinance or resolution, N.J.S.A. 40:48-2.49(c); and (3) adopt a procedure to receive complaints ... disputes arising from the towing and storage of motor vehicles, N.J.S.A. 40:48-2.54(b). When the Legislature enacted the Towing Act, it ... statutory authority of municipalities to regulate towing of motor vehicles. N.J.S.A. 40:48-2.49. Specifically, that amendment clarified that the Towing Act applied ... the Director under the Towing Act. Ibid. In that regard, N.J.S.A. 40:48-2.49 was amended to include the following provision: Nothing ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66771

8 CRYSTAL ICE-BRIDGETON LLC v. CITY OF BRIDGETON -- rank: 832

... 2.32(b)(2) and the procedural safeguards provided in N.J.S.A. 40:48-2.5(f)(2). In October 2011, Judge David W. Morgan ... 32(b)(2) and the summary hearing provision contained in N.J.S.A. 40:48-2.5(f)(2). Giving plaintiff the benefit of all reasonable ... 32(b)(2) and the summary hearing safeguards provided in N.J.S.A. 40:48-2.5(f)(2). 5 We conclude that N.J.A.C. 5:23-2.32(b)(2) and N.J.S.A. 40:48-2.5(f)(2) are inapplicable under the undisputed facts of ... or she provides twenty-four hours' notice to the owner. N.J.S.A. 40:48-2.5(f)(2) allows a public official to seek judgment ... fire-damaged building.� In such a situation, the requirements in N.J.S.A. 40:48-2.5(f)(2) and N.J.A.C. 5: ...

docket:	a1687-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	Published
citation:	428 N.J.Super. 576 54 A.3d 848
Document Size:	33319

9 CHRISTOPHER C. CONA v. TOWNSHIP OF WASHINGTON, -- rank: 830

... that its authority was compatible with its regulatory power under N.J.S.A. 40:48-2.12m. Id. at 523. The stand-alone license fee it ... by which the activity is to be conducted.' Relying on N.J.S.A. 40:48-2.12a, N.J.S.A. 40:48-2.12a1, N.J.S.A. 40:48-2.12c,9 and N.J.S.A. 40:48-2.12m10 8 Plaintiffs filed cross-motions for partial summary judgment as to liability that the judge denied. 9 N.J.S.A. 40:48-2.12c provides: Any ordinance adopted pursuant to this act ...

docket:	a5067-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-29
status:	Published
citation:
Document Size:	60414

10 MANUFACTURERS AND TRADERS TRUST COMPANY as Indenture Trustee v. MARINA BAY TOWERS URBAN RENEWAL II, LP -- rank: 801

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a5879-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-22
status:	Unpublished
citation:
Document Size:	150454

11 STATE OF NEW JERSEY v. PARAMOUNT MARINAS, LLC -- rank: 783

... oversight of the DEP, the subject ordinance is preempted by N.J.S.A. 40:48-2.57. 4 Judge Mellaci rejected these arguments, denied defendant's ... applied to the facts of this case, is preempted by N.J.S.A. 40:48-2.57, which reads as follows: No ordinance governing the investigation ... aimed at "the investigation or cleanup of historic pesticide contamination," N.J.S.A. 40:48-2.57, nor does it attempt to regulate the "remediation of ... thwart the state-wide goals of environmental remediation expressed in N.J.S.A. 40:48-2.57. As Judge Mellaci noted, defendant could have satisfied the ... objective of cleaning up historic pesticide contamination as regulated by N.J.S.A. 40:48-2.57. Affirmed. 1 On August 24, 2004, defendant also received ... site to provide public notice of its remediation efforts. 4 N.J.S.A. 40:48-2.57 provides as follows: No ordinance governing the investigation ...

docket:	a5264-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	unpublished
citation:
Document Size:	51164

12 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 767

... police powers over publicly-owned lands. Id. at 598 (citing N.J.S.A. 40:48-2). We further observed that the Legislature had "recognized that seashore ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

13 MAJESTIC CONTRACTING LLC v. WILLIAM H. NUNZIATO -- rank: 767

... a valid exercise of a municipality's police power under N.J.S.A. 40:48-2. New Jersey Shore Builders Ass'n v. Twp. of Jackson ... management plan is, as we have noted, clearly authorized by N.J.S.A. 40:48-2, which is not part of the MLUL. The trial judge ...

docket:	a1659-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	48409

14 NEW JERSEY MANUFACTURERS INSURANCE COMPANY v. HELMRICH TRANSPORTATION SYSTEMS, INC. -- rank: 767

... certif. denied , 197 N.J. 16 (2008), it contended that N.J.S.A. 40:48-2.50 limited the fees that defendant could charge a governmental ... payment of $25,827.90 in fees. Defendant argued that N.J.S.A. 40:48-2.54 governs fees that may be assessed whenever the vehicle ... that municipality or county without the consent of the owner. [ N.J.S.A. 40:48-2.54.] Defendant argued that, because N.J.S.A. 40:48-2.50 capped fees that may be charged a governmental entity ... judge noted the issue was one "of first impression." Citing N.J.S.A. 40:48-2.54(a), she concluded that the statute "impl[ies] that ... to come forward with any competent evidence of . . . compliance with N.J.S.A. 40:48-2.54(b)[,]" requiring adoption by the local public entity ...

docket:	a1590-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-28
status:	unpublished
citation:
Document Size:	34982

15 VINCENT L. GAMBA v. TOWNSHIP OF BRICK -- rank: 762

... costs without affording the prior notice and hearing required by N.J.S.A. 40:48-2.5 and N.J.S.A. 40:48-2.7. He sought damages for Brick's unlawful actions and ... Brick first invoked its authority to demolish it pursuant to N.J.S.A. 40:48-2.3 to -2.12. The Legislature has conferred on municipalities ... inimical to the welfare of the residents of said municipality . . . ." N.J.S.A. 40:48-2.3. A municipality, however, must exercise that authority "in the ... interests of record" are afforded protections under the law. See N.J.S.A. 40:48-2.4(d)-(e); 21-23 Seidler Assocs . , supra , 391 N ... meet its statutory obligations in connection with this demolition. See N.J.S.A. 40:48-2.5 (requiring a municipality to adopt an ordinance and ...

docket:	a4384-05
court:	njappellate
decided:	2007-07-26
status:	published
citation:	395 N.J. Super. 143
Document Size:	38413