Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. FLARLAS, LLC -- rank: 1000

... 70; N.J.S.A. 2A:58-11(b) and N.J.S.A. 52:27D-138(d). Defendant did not dispute the existence of the unsafe ... that the municipal judge impose the maximum penalties permitted under N.J.S.A. 52:27D-138 to compel defendant's compliance and because the building was ... judge erred by imposing penalties that are not authorized by N.J.S.A. 52:27D-138. The judge based the penalties on his adoption of the ... 330,000. Defendant claims the judge exceeded his authority under N.J.S.A. 52:27D-138(c) in doing so. We agree. N.J.S.A. 52:27D-138(a) authorizes the imposition of penalties for violations of the ... an enforcing agency only in accordance with subsection e. below. [ N.J.S.A. 52:27D-138(a).] N.J.S.A. 52:27D-138(c) ...

docket:	a3775-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-09
status:	unpublished
citation:
Document Size:	53219

2 DKM Residential Properties Corp. v. The Township of Montgomery et als -- rank: 760

... address the issue, we turn first to the penalty provision, N.J.S.A. 52:27D-138, which authorizes the imposition of sanctions in the form of ... request for approval to an enforcing agency or the department. . . . [ N.J.S.A. 52:27D-138]. See footnote 4 Subsection c. of N.J.S.A. 52:27D-138 makes violators subject to various monetary penalties, subject to certain limitations. Violations of subsection a.(3) of N.J.S.A. 52:27D-138 (failure to comply with an order issued by an enforcing ... a Code violation after a certificate of occupancy has issued. N.J.S.A. 52:27D-138 on its face reveals no express or clearly implied temporal ... UCC Act accords different punishment for different types of violations. N.J.S.A. 52:27D-138 thus creates a variety of penalties or sanctions to ...

docket:	a-61-03
court:	njsupreme
decided:	2005-01-24
status:
citation:	182 N.J. 296
Document Size:	47754

3 OFFICE OF REGULATORY AFFAIRS - v. EIC INSPECTION AGENCY CORPORATION - -- rank: 699

... site inspection agencies, they are clearly authorized by statute. Under N.J.S.A. 52:27D-138: a. Any person or corporation, including an officer, director or ... because N.J.A.C. 5:23-2.31 restates N.J.S.A. 52:27D-138, the penalties it authorizes are "other remedies provided by the ... as noted above, the authorizing Act expressly authorizes the penalties. N.J.S.A. 52:27D-138. Moreover, N.J.S.A. 52:27D-124(i)(1 ... in an application or request for approval" is provided in N.J.S.A. 52:27D-138, and reiterated in N.J.A.C. 5:23-2 ...

docket:	a2160-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-17
status:	unpublished
citation:
Document Size:	20199

4 /usr/local/share/www/libweb/collections/courts/appellate/a1131-19.opn.html -- rank: 661

... Division judge also upheld the fines imposed on defendant. Citing N.J.S.A. 52:27D-138, he noted that under the Code the court had the ... violation, which is in accordance with the penalties allowed per [N.J.S.A.] 52:27D-138.' However, the judge vacated the $100,000 suspended fine reasoning ... issued by an enforcing agency or the department' pursuant to N.J.S.A. 52:27D-138(a)(3). She argues the Law Division judge did not find her guilty of N.J.S.A. 52:27D-138(a)(3) and 20 A-1131-19 instead made the ... penalty shall be up to $2,000 per violation . . . . Furthermore, N.J.S.A. 52:27D-138(e)(1) states: A penalty for failure or refusal to ... He then noted the municipal court judge's findings under N.J.S.A. 52:27D-138(e) when he reduced and recalculated the penalty. We ...

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Document Size:	39924

5 TOWNSHIP OF HARRISON v. KIRBY COMBS -- rank: 456

... to impose monetary sanctions on persons who violate the Act, N.J.S.A. 52:27D-138, including any person who "[v]iolates any of the provisions ... any order issued by an enforcing agency or the department." N.J.S.A. 52:27D-138(a)(1), (3); see also N.J.A.C. 5 ...

docket:	a2692-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-19
status:
citation:
Document Size:	26671

6 STATE OF NEW JERSEY v. HINDRAJ L. BALANI, -- rank: 320

... contrast, N.J.A.C. 5:23-2.31 and N.J.S.A. 52:27D-138 grant municipal courts jurisdiction to enforce penalties imposed by municipal ...

docket:	MA-13-19
court:	NJ Superior Court Appellate Division
decided:	2020-12-29
status:
citation:
Document Size:	25543

7 STATE OF NEW JERSEY v. SHIRLEY GREEN -- rank: 268

... the penalty, which the township had calculated correctly based on N.J.S.A. 52:27D- 138(a)(3). Therefore, the judge did not abuse his discretion ...

docket:	a3617-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	9094