Search Rutgers Law Library N.J. Court Opinions

1 TERRY POLITO v. MILLBURN TOWNSHIP -- rank: 1000

... protecting shade tree commissions from liability, as set forth in N.J.S.A. 40:64-14. Plaintiff opposed the motion, contending that there are genuine issues ... must be decided by a jury. Plaintiff further argued that N.J.S.A. 40:64-14 does not apply. After hearing oral argument on the municipal ... entitled to immunity under both the special immunity provisions of N.J.S.A. 40:64-14 concerning shade tree commissions, and also under the general principles ... in his appellate brief the trial court's application of N.J.S.A. 40:64-14 to the Advisory Shade Tree Commission, we begin with a ... or parkway." N.J.S.A. 40:64-5a. Under N.J.S.A. 40:64-14, a shade tree commission shall not be "responsible for the ... N.J.S.A. 59:1-1 to :12-3]." N.J.S.A. 40:64-14. As such, under N.J.S.A. 59:4- ...

docket:	a5923-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	63032

2 MARISA PETROCELLI, ET AL VS SAYREVILLE SHADE TREE COMMISSION -- rank: 968

... this personal injury lawsuit based upon the immunity established by N.J.S.A. 40:64-14. We reverse.     At the time the motion was filed, all ... Div.), certif. denied , 117 N.J. 666 (1989).     Importantly, however, N.J.S.A. 40:64-14, in terms that could be no clearer, provides:         Nothing in ... fall. Most likely in view of the express provisions of N.J.S.A. 40:64-14, the Shade Tree Commission had been dismissed by stipulation. The Borough, claiming that it too could rely upon N.J.S.A. 40:64-14, moved for summary judgment. The motion was granted on that basis. We affirmed. In doing so we noted N.J.S.A. 40:64-14 and impliedly acknowledged its application to the Commission, but observed ... not necessary for us, under those circumstances, to decide whether N.J.S.A. 40:64-14 could clothe the Borough with immunity because Tort Claims ...

docket:	a454-96
court:	njappellate
decided:	1997-02-21
status:	published
citation:	297 N.J.Super. 544
Document Size:	14967

3 MICHAEL J. CONNER v. TOWNSHIP OF EAST BRUNSWICK -- rank: 902

... the Township summary judgment. The judge determined that pursuant to N.J.S.A. 40:64-14, the Township acted as a volunteer participant in a community ... unreasonable. He maintains that the court incorrectly found that, under N.J.S.A. 40:64-14, the Township was a volunteer participating in a community forestry ... any part thereof." We address the latter argument first. Under N.J.S.A. 40:64-14, any volunteer participating in a community forestry program under the ... 4-10] and any other relevant provisions of the [TCA]." N.J.S.A. 40:64-14. Such immunity is also provided to a shade tree commission ... turns on the definition of volunteer as set forth in N.J.S.A. 40:64-14. Because the Legislature does not define "volunteer" in N.J.S.A. 40:64-14, we first look to N.J.S.A. 1: ...

docket:	a1592-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	38268

4 ROBERT LODATO v. EVESHAM TOWNSHIP, et al. -- rank: 847

... claims that it is entitled to blanket immunity pursuant to N.J.S.A. 40:64-14. N.J.S.A. 40:64-1 to -14 allows ... and shrubbery . . . planted in any public highway, park or parkway." N.J.S.A. 40:64-14 provides: Nothing in this chapter contained shall be construed to ... that the Commission was thus entitled to "absolute immunity of N.J.S.A. 40:64-14." Id. at 549. We come to a somewhat different conclusion ... immunity is qualified by the reference to the TCA in N.J.S.A. 40:64-14. Unlike the facts in Petrocelli , the Township is named as ...

docket:	a4559-04
court:	njappellate
decided:	2006-11-01
status:	published
citation:	*CITE_PENDING*
Document Size:	66821

5 GILBERT L. NIELSEN v. JONG SIL LEE, YUN JA LEE and HOWARD HERTZ, -- rank: 624

... of the statutory immunity accorded the shade tree commission by N.J.S.A. 40:64-14, it was clear that according the commercial property owner immunity ... the New Jersey Shade Tree and Community Forestry Assistance Act, N.J.S.A. 40:64-14, but also to volunteers in the community forestry program. It ...

docket:	a6850-00
court:	njappellate
decided:	2002-12-03
status:	published
citation:	355 N.J. Super. 373
Document Size:	17861

6 /usr/local/share/www/libweb/collections/courts/appellate/a1162-18.opn.html -- rank: 545

... not join that entity and his claim is barred by N.J.S.A. 40:64-14. The statute provides: Nothing in this chapter contained shall be ... 48 (App. Div. 1997) (declining to consider whether immunity under N.J.S.A. 40:64-14 extends to the entity which established the shade tree commission ...

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7 MARY LOU RAPP v. VILLAGE OF RIDGEFIELD PARK -- rank: 458

... summary judgment, concluding it was immune from liability pursuant to N.J.S.A. 40:64-14. I. The motion record revealed that plaintiff was walking her ...

docket:	a2525-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	32514