Case law

New Jersey Firemen's Ass'n v. Doe

230 N.J. 258 · Supreme Court of New Jersey · Aug 3, 2017

Moreover, OPRA clearly and unambiguously confers the right to initiate a suit after a public agency’s denial of access only upon the requestor. N.J.S.A. 47:1A-6. … Fifth, the Association has established a safeguard to prevent disclosure by converting applicants’ names into unique identification numbers.

State v. Trump Hotels & Casino Resorts, Inc.

160 N.J. 505 · Supreme Court of New Jersey · Aug 2, 1999

Read literally, the Casino Amendment dedicates to eligible senior and disabled citizens “the State revenues derived” from the “establishment and operation of ... gambling establishments.” … V The parking fees authorized by L. 1993, c. 159, clearly constitute State revenue.

State v. Garthe

145 N.J. 1 · Supreme Court of New Jersey · Jun 27, 1996

Romano, supra, we held that the results of a Smith & Wesson breathalyzer test generally would be admissible in evidence in DWI prosecutions when the breathalyzer instrument is in proper working order, is administered by a qualified … Those conditions *9 must clearly be established by the standard conventionally referred to as “clear and convincing proof.” Id. at 90 , 474 A.2d 1 .

Appleton v. American Malting Co.

65 N.J. Eq. 375 · Supreme Court of New Jersey · Mar 11, 1903

By section 12 of the Corporation act, directors are required to be chosen annually, and are authorized to hold office for one year, and until others are chosen and qualified in their stead. … The complainants do not bring the suit to establish any right- of their own, or because they are personally entitled to the relief sought.

Ades v. Mayor of Deal

69 N.J. 86 · Supreme Court of New Jersey · Jan 20, 1976

As it evolved from complaint through entry of judgment, this case presents the question whether plaintiffs have established a .cause of action for injunctive relief to abate flooding against the defendant Monmouth County. … The principal proofs at the trial were presented through engineering witnesses, one Poznak for the plaintiffs and one Barrett for the county, both apparently well qualified as experts.

State v. Livingston

172 N.J. 209 · Supreme Court of New Jersey · May 23, 2002

Although I seriously doubt that the Legislature contemplated the result we reach, our precedents clearly require that we strictly construe criminal statutes. See State v. … Likewise, the Court of Appeals of Idaho interpreted the rule that "convictions entered the same day ... should count as a single conviction for purposes of establishing habitual offender status," as allowing "a defendant

Stewart v. 104 Wallace Street, Inc.

87 N.J. 146 · Supreme Court of New Jersey · Jul 22, 1981

Justice Proctor ten years ago: It is manifestly unjust to permit a property owner to sit idly by and watch with impunity as his sidewalk deteriorates to a point where it becomes a trap for unwary pedestrians and then to immunize … The trial judge, who saw photographs of the sidewalk, said that “clearly dilapidated” would be a “mild term” to describe the sidewalk, the condition of which, he added, “is to say the least shocking.”

Helmer v. Yardley

93 N.J. Eq. 661 · Supreme Court of New Jersey · Mar 13, 1922

testator and died the 15th of March, 1917, leaving a last will and testament which ivas admitted "to probate by the surrogate’s court, county of Rockland, New York, and letters testamentary were issued to petitioner, wlm qualified … Clearly the intention of testator was to give $25,000 to aid the free advice and treatment of patients under the School of Osteopathy. He placed the fund to be paid out under the direction of Dr.

State v. Carlos Bolvito (071493)

217 N.J. 221 · Supreme Court of New Jersey · Mar 31, 2014

Specifically, N.J.S.A. 2C:14-10 states that a person convicted of a qualifying sex offense “shall” be assessed the statutory penalty. … We construe that provision in accordance with established principles of statutory interpretation.

Ringwood Co. v. North Jersey District Water Supply Commission

105 N.J.L. 165 · Supreme Court of New Jersey · Oct 15, 1928

These witnesses did not qualify as experts on land values. We find no reversible error at this point. … The forge and saw mill are established as a criterion of quantity only.

Dwyer v. Ford Motor Co.

36 N.J. 487 · Supreme Court of New Jersey · Jan 22, 1962

Naturally, the onus of establishing connection between a heart attack death and the work effort rests on the compensation claimant. … There are certain matters of opinion which the ordinary person, by reason of everyday knowledge, experience and judgment is qualified to express.

Sawyer v. County of Camden

122 N.J.L. 119 · Supreme Court of New Jersey · Feb 6, 1939

. * * *” Furthermore, defendant says that the proofs clearly show that the status of each of the plaintiffs was that of a constable and their rate of pay was such as was fixed for constables attending courts by chapter 89 … This testimony, plaintiffs say, established as a matter of law that they were “court attendants.”

Conover v. Wardell

22 N.J. Eq. 492 · Supreme Court of New Jersey · Mar 15, 1871

Or, if there is repugnancy, the court may determine which part shall prevail, and settle the intention of the parties according to established rules of construction. … which does not vary in all the papers, is the particular boundaries, especially this southern line in dispute ; and it is manifest they were not used merely as a reiteration, or affirmation of preceding general words, but clearly

In Re Application of Greenville Bus Co.

17 N.J. 131 · Supreme Court of New Jersey · Dec 20, 1954

Massoth, a qualified transportation and traffic consultant, testified at length in support of the proposed new line. … Cone, a qualified traffic engineer employed by the Public Service Coordinated Transport.

Joseph H. Reinfeld, Inc. v. Schieffelin & Co.

94 N.J. 400 · Supreme Court of New Jersey · Oct 6, 1983

established goals of temperance and free-handed dealing within the liquor industry. … Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980), and identified two criteria for antitrust immunity under Parker .

Falcone v. Middlesex County Medical Society

34 N.J. 582 · Supreme Court of New Jersey · May 8, 1961

Ct. 1958), the plaintiff, an experienced and qualified machine operator, applied for membership in Local 162. … The doctrinal controversy between the American Medical Association and the American Osteopathic Association need not detain us since the record establishes that Dr.

Clifford v. Heller

63 N.J.L. 105 · Supreme Court of New Jersey · Jan 4, 1899

This is clearly a misconception of the situation. … If anything is needed to establish the correctness of this view, it is found in clause 13 of article 5, which reads as follows: “In case of the impeachment of the governor, his absence from the state or his inability to discharge

Township of Chester v. Panicucci

62 N.J. 94 · Supreme Court of New Jersey · Jan 22, 1973

Proof of that occurrence would, of course, establish possession of a loaded gun, the act both the ordinance and the statute forbid. … A. 23 :4 — 16 as it existed when the ordinance was adopted except for the omission of the qualifying phrase “for the purpose of hunting, taking or killing any bird or animal.”

Durkin v. Board of Fire Commissioners

89 N.J.L. 468 · Supreme Court of New Jersey · Dec 7, 1916

The ¡-enure of office is qualified by tbe continuance of the office.” Counsel for the prosecutor does not contend that under Newark v. … We think the present case is clearly within the reasoning of Newark v. Lyon.

Executors of Shinn v. Executors of Paterson

17 N.J.L. 322 · Supreme Court of New Jersey · Nov 15, 1839

the accounts are balanced between the parties; the jury shall find for the defendant, and, “ unless the plaintiff or plaintiffs prosecute as executors or administrators,” the defendant shall recover his costs, which is clearly … Dig. 506, qualifies the rule contained in the former statute.