Case law
Opinions from 1658 to today.
5,442 results
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434 N.J. Super. 113 · New Jersey Superior Court Appellate Division · Jan 13, 2014
The time [Olga] has spent with the Plaintiffs was clearly not the sunshine and roses they describe in their Complaint. … Our prior jurisprudence establishes clearly that the only state interest warranting the invocation of the State's parens patriae jurisdiction to overcome the presumption in favor
Cited 25 timesPublished283 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Feb 22, 1995
. § 1983 as applied to the Privileges and Immunities Clause of the Fourteenth Amendment to the U.S. Constitution. … A rule which is not promulgated in the manner established by the act is not valid. N.J.S.A. 52B:14-4(d).
Cited 1 timesPublishedVail Mut. Assoc. v. Speaker of House
107 N.J. Super. 517 · New Jersey Superior Court Appellate Division · Dec 2, 1969
The purpose was to qualify for larger state aid. … It clearly appears that the ratio of enrolled pupils to assessed valuations is substantially lower in New Shrewsbury than in Shrewsbury. B.
Cited 4 timesPublishedSmith v. Hudson County Register
411 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Feb 10, 2010
It also defined more clearly which documents were considered government records subject to public access. … For the purposes of this section, "reasonable cost" shall mean a fee established by the public agency following guidelines established by the State Records Committee pursuant to section 5 of (this bill) to reimburse it for
Cited 6 timesPublished204 N.J. Super. 345 · New Jersey Superior Court Appellate Division · Apr 4, 1985
So, it was a case where a chain of title could be established by putting a deed on record. … It was a case where the chain of title then becoming established would go before the courts and have their blessing.
Cited 11 timesPublishedPatricia Enright Howard v. Todd Lewis Howard
New Jersey Superior Court Appellate Division · Oct 18, 2024
This requires a court to examine a party's claims "with an appreciation that if supported by competent evidence they would establish a prima facie cause of action." Conforti v. … We decline to second-guess the judge's weighing of the parties' reasonableness and good faith; plaintiff clearly prevailed and was entitled to an award of fees.
Cited 0 timesUnpublishedSj 660 LLC v. Borough of Edgewater
New Jersey Superior Court Appellate Division · Aug 13, 2024
The record establishes that the Borough and the Planning Board followed the procedures required by the LRHL and MLUL. … Factually, a review of the Settlement Agreement establishes that it did not mandate a result.
Cited 0 timesUnpublished272 N.J. Super. 140 · New Jersey Superior Court Appellate Division · Apr 6, 1994
Consequently, actions of close corporations that conform with these principles cannot be immune from scrutiny. … Clearly this would no longer be so today. See Brundage v. New Jersey Zinc.
Cited 11 timesPublishedParsippany Hills Assoc. v. Rent Leveling Bd.
194 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Mar 16, 1984
Super. at 103 ] Although this language does seem to support appellants' position, removal of the tax surcharge by the 1978 amendment to the ordinance clearly indicates a legislative intent to require a rebate notwithstanding … § 6 and P.L. 1977, c. 15, § 2. [9] See N.J.S.A. 54:4-6.3(b) which reads, in pertinent part, "`Property tax reduction' means 0.65 times the difference between the amount of property tax paid or payable in any year on any qualified
Cited 16 timesPublishedPenpac v. Passaic County Utilities
367 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Mar 11, 2004
We do note, for future guidance, that it was not proper for the agency to fail to seek further extensions from the OAL after issuing a summary order that did not qualify under the APA as a final decision. … A rate order may be set aside only "when it clearly appears that there was no evidence before the board to support the same reasonably." N.J.S.A. 48:2-46.
Cited 7 timesPublishedJames W. Dabney v. the Ohio Casualty Insurance Company
New Jersey Superior Court Appellate Division · Mar 14, 2025
Such a result would clearly be in the interests of the Malovanys and . . . Gardner/[plaintiff], and antithetical to the interests of the [a]ssociation. … [The Hokenson plaintiffs'] award of the attorneys' fees and costs they incurred in bringing the [l]awsuit against [plaintiff and co-defendants] does not qualify as "damages, settlements, and/or defense costs."
Cited 0 timesUnpublishedAcorn Montessori v. Bethlehem Tp.
380 N.J. Super. 216 · New Jersey Superior Court Appellate Division · Jan 13, 2005
Under this anti-discrimination statute, clearly, an activity which a public school is allowed to undertake cannot be denied to a private school. … Public nursery schools can be established by a board of education in any school under its control, pursuant to N.J.S.A. 18A:44-1.
Cited 3 timesPublishedSTATE OF NEW JERSEY VS. JOHN R. SALYERDS (7-17, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 8, 2019
Defendant objected, arguing the question called for expert testimony and that the detective had neither been designated nor qualified as an expert. … It is only a recognition the State's case would be more clearly established if it presented competent evidence establishing the meaning of the term "short stay special" and had produced an ad stating in some manner that a
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 22, 2025
According to Krzywicki, who was qualified as an expert in "determin[ing] . . . criminal offenses," the aggravated assault charge was predicated on the strangulation. … [SASPA], which was . . . intended to protect victims of sexual assault . . . who do not qualify under the PDVA."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 16, 2020
requested actions qualify as a "development, plan, work, or undertaking." … Our legislature has not established a minimum amount of development or work needed to qualify as a "development, plan, work, or undertaking." Ibid.
Cited 0 timesUnpublished363 N.J. Super. 10 · New Jersey Superior Court Appellate Division · Aug 28, 2003
The State retains the power to establish its own standards for weapon possession licensure, irrespective of whatever occupational rights may be established elsewhere. … Those arguments either lack a basis in the record before us, or bespeak extra-judicial policy considerations, or are clearly without merit as a matter of facial evaluation.
Cited 7 timesPublishedHills Development v. Bernards Tp.
229 N.J. Super. 318 · New Jersey Superior Court Appellate Division · Dec 19, 1988
These are clearly genuine issues of material fact. ( See Cunningham v. Dept. of Civil Service, 69 N.J. at 25 ). … A question posed in terms of general policy may clearly fall in the "no hearing" category....
Cited 16 timesPublishedKennedy v. Jefferson Smurfit Co.
287 N.J. Super. 117 · New Jersey Superior Court Appellate Division · Jan 23, 1996
NJM also contends that Jefferson never established the reasonableness of the $750,-000 settlement with Kennedy. … The answer is clearly in the negative.
Cited 1 timesPublished432 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Aug 13, 2013
Juror 8’s mid-deliberation disclosures made it apparent that he was not qualified to sit. … The judge discounted that argument, noting there was ample evidence establishing that one of Dotson’s children found her body.
Cited 4 timesPublishedSTATE OF NEW JERSEY VS. JOHN P. HARTMAN (12-05-0581, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 10, 2020
The evidence established that is what defendant did here. … Kardos's statement was not clearly capable of producing an unjust result. R. 2:10-2.
Cited 0 timesUnpublished
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