Case law

Doremus v. BD. OF ED. OF THE BOROUGH OF HAWTHORNE

7 N.J. Super. 442 · New Jersey Superior Court Appellate Division · Feb 20, 1950

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Clearly, there was never any intention to prohibit non-sectarian recognition of God by the State in public transactions and exercises, and New Jersey has recently reaffirmed that intention, for the Preamble to the State Constitution

Gilman v. Newark

73 N.J. Super. 562 · New Jersey Superior Court Appellate Division · Apr 6, 1962

But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision. … Since any one of these systems having the approval of the Underwriters Laboratories could qualify, further specificity was not required.

QBE Ins. Co. v. P & F CONTAINER

362 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Jul 30, 2003

him for such operation, and the jury finds that he was so engaged and qualified, then under the regulations the carrier must be held to have assumed "exclusive possession, control and use of and to be responsible for the … The Court clearly interpreted the federal regulation to be applicable to all carriage by a leased vehicle that was available for interstate transport on behalf of an I.C.C. certificated carrier, even if the specific travel

Mister Softee v. Mayor and Council of Hoboken

77 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Nov 14, 1962

The natural, ordinary and general meaning of terms and expressions may be limited, qualified and specialized by those in immediate association. … Newark, 131 N.J.L. 97 , the Supreme Court considered a municipal ordinance which established closing hours for all retail establishments except restaurants, drug stores, delicatessen stores, etc.

Dept. of Children & Fam. v. Ch

414 N.J. Super. 472 · New Jersey Superior Court Appellate Division · Jul 28, 2010

"repeatedly with a paddle, multiple times and with sufficient force to cause marks could certainly qualify as abuse per N.J.S.A. 9:6-8.21(c)(4)(b)[.]" … The Director properly considered the entire record presented to the ALJ before rejecting the recommendation and clearly articulated her reasons for doing so. N.J.S.A. 52:14B-10(c). Affirmed.

State v. Garcia

255 N.J. Super. 459 · New Jersey Superior Court Appellate Division · Apr 1, 1992

Acting upon this information, the officers established a surveillance point where they could observe both defendant and codefendant in front of 10 Clark Street and could also observe the freezer in the abandoned lot. … A trial judge is clearly qualified to make such a determination as he has an infinitely better feel for the case and the evidence presented.

Berg Agency v. Township of Maplewood

163 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Nov 8, 1978

Corp. of N.Y., supra, the alleged deprivation of First Amendment rights of Berg Agency is seen to be sufficiently concrete to establish standing. See also, Walker v. Stanhope, 23 N.J. 657 (1957); Dome Realty Inc. v. … Thus, whereas potential buyers driving past a house for sale may easily forget a telephone number or not have the means to write it down, they are less likely to forget a name of the realtor, clearly visible and distinguishable

Fortenbaugh v. New Jersey Press

317 N.J. Super. 439 · New Jersey Superior Court Appellate Division · Jan 22, 1999

IV Plaintiff contends that the motion judge erroneously exonerated defendants under the defense of the qualified privilege to fairly report on judicial proceedings. … The truth defense would excuse too much if a defendant could be immunized by the fact that its defamatory statement was first uttered by someone else, as the Court in Lawrence recognized.

State v. Sharp

395 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Dec 5, 2006

See Windmere Inc., supra, 105 N.J. at 378 , 522 A. 2d 405 (requiring reliability be "clearly established" in the criminal context); see also State v. Moore, supra, 188 N.J. at 206-07 , 902 A. 2d 1212 , State v. … The final question is whether Deputy Medlar's opinion satisfies N.J.R.E. 703, requiring that the method be "reasonably reliable" and "clearly established."

Hernandez v. Bosco Preparatory High

322 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 8, 1999

The nature of the subsequent full hearing, if one is held, "clearly depends upon the circumstances of the particular case." Ibid. (citations omitted). In G.F. v. … The evidence in the record on appeal clearly shows that Don Bosco followed this procedure before dismissing plaintiff.

Pomanowski v. Monmouth Cty. Bd. of Realtors

175 N.J. Super. 212 · New Jersey Superior Court Appellate Division · Jun 11, 1980

Besides the fact that the MCBR's jurisdictional territory is limited to the *216 county, it was clearly established that at least 85% of the listings processed by the MCMLS come from the MCBR territory. … Trombetta, qualified as a marketing expert, testified that, from a marketing standpoint, residential and commercial markets are of interest to different segments of the public with different needs.

Kook v. American Sur. Co. of NY

88 N.J. Super. 43 · New Jersey Superior Court Appellate Division · May 28, 1965

It is not shown that he qualified as an expert for the purpose of adducing proofs concerning any special or trade-custom meaning or usage of any of the terms of the policy. … to be drawn therefrom amply demonstrate a "contrary intention" sufficient to neutralize the rebuttable presumption in favor of the partnership and to shift to plaintiffs the burden of going forward with their proofs to establish

Dolid v. Leatherkraft Corp.

39 N.J. Super. 194 · New Jersey Superior Court Appellate Division · Feb 21, 1956

It is circumscribed by the definitely established precedents. … The covenant may be limited, contingent, or otherwise lawfully qualified by its terms.

In re the General Election of November 5, 1991

255 N.J. Super. 690 · New Jersey Superior Court Appellate Division · Feb 18, 1992

Ricca did appear, was identified, was qualified to vote, and they received Mrs. Ricca’s ballot. … His intent is clearly indicated on the ballot.

Templeton Arms v. Feins

220 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 10, 1987

Shortly thereafter, she applied to the D.C.A. and qualified for H.U.D. assistance, while contemporaneously Templeton Arms agreed to participate in the Section 8 program. … Feins was the only tenant involved in the Section 8 program, it clearly terminated its participation in good faith by sending her more than 45 days notice of its planned action, [8] and by refusing requests of other tenants

Jersey City Redevelopment Agency v. Tug & Barge Urban Renewal Corp.

228 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Feb 16, 1987

The court after careful consideration concludes that basic principles of real property law and court decisions clearly establish that the Legislature intended the former. … Such a restriction is commonly called an “estate on limitation” and is sometimes referred to as a “base fee”, a “qualified fee”, a “determinable fee”, a “fee simple defeasible” or a “fee simple determinable.”

Trombetta v. Atlantic City

181 N.J. Super. 203 · New Jersey Superior Court Appellate Division · Jul 6, 1981

Issues must be fully developed, clearly defined and not merely speculative, conjectural or premature. … That is, whether the provision as applied is so clearly arbitrary or capricious that legislators, acting reasonably, could not have believed it to be necessary or appropriate for the public welfare.

Ballou v. State

148 N.J. Super. 112 · New Jersey Superior Court Appellate Division · Mar 7, 1977

This case stands alone on that issue [2] ; the decision there clearly rested upon a finding of a "near blanket permanent exclusion of all women from a major sector of employment" (concurring opinion of Campbell, J. 415 F. … Davis, supra (qualifying examinations for positions on a police force which had an adverse effect on racial minorities); Keyes v.

Areba School Corp. v. Mayor of Randolph

151 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Jul 11, 1977

C. 6:28-3.24(b), “not to exceed the maximum tuition cost figure established by the State Board of Education for the school year considered * * *” (id.), conditioned in most circumstances upon academic instruction of at least … judge’s finding that the Areba School was primarily a therapeutic community with merely an ancillary educational component, and therefore that Areba is not an educational institution for the pertinent zoning purposes, is clearly

Dunphy v. Gregor

261 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Dec 23, 1992

The basic interest warranting protection was clearly articulated by the Court, 84 N.J. at 101 , 417 A. 2d 521 . … Rptr. 72 , 441 P. 2d 912 (1968), to establish the emotional distress cause of action.