Case law

LOIS SPAZIANI v. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)

New Jersey Superior Court Appellate Division · Jan 3, 2022

On appeal, appellant argues the Board erred in denying her application for ordinary disability benefits and contends she established by a preponderance of the credible evidence that she was "permanently disabled from the … whether the record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly

Central Hanover Bank and Trust Co. v. Bruns

16 N.J. Super. 199 · New Jersey Superior Court Appellate Division · Nov 9, 1951

On July 8, 1943, Central Hanover Bank and Trust Company duly qualified as co-trustees of the trust created by said will. Said Edwin G. Bruns, the co-trustee, died on July 8, 1950, and Martha C. … The wording of said will was clear and needed no construction, and the wording thereof clearly sets forth the testator's intention.

Hardy Ex Rel. Dowdell v. Abdul-Matin

397 N.J. Super. 574 · New Jersey Superior Court Appellate Division · Jan 2, 2008

As written the policy clearly provides that PIP coverage will be excluded if the insured is occupying an auto without the owner's permission. … However, it does not appear that Hardy is a "qualified person" entitled to recover under the Unsatisfied Claim and Judgment Fund Act.

American Can Co. v. Director of Div. of Tax.

87 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 1, 1965

A representative of the Corporation Tax Bureau, not qualified as an accountant, explained its transfer of the American Can reserve for deferred taxes to net worth as a "surplus reserve" as follows: "The Bureau made the redetermination … We deem applicable here, as did the Supreme Court in relation to interpretation of the same tax statute in another regard, the principle that "In the interpretation of statutes levying taxes it is the established rule not

Protest Filed by B&L Tire Service Inc., T/A B&L Towing Regarding Prequalification of Noll Brothers Inc., Etc.

New Jersey Superior Court Appellate Division · Mar 11, 2026

The Authority's procurement of routine towing services is controlled by N.J.A.C. 19:9-2.13, the objective of which is to "establish procedures for the award of contracts for routine towing services on the . . . … Stated differently, the Authority is well within its right to determine the criteria necessary to achieve its ultimate goal of contracting with qualified applicants. See Campbell, 169 N.J. at 588 (citing Close v.

State v. De La Paz

337 N.J. Super. 181 · New Jersey Superior Court Appellate Division · Feb 16, 2001

Now, they entered the building, secured the occupants and went to the rear room where activities were being conducted and the materials that were seized were all clearly in plain view on the table. … is a substantive, rather than procedural issue, and that the critical inquiry, by any name, is "whether the defendant moving to suppress evidence obtained and sought to be used against him has ... interests sufficient to qualify

Allen v. Bordentown City

216 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Feb 13, 1987

The claim that the Bordentown ordinance is unconstitutionally vague is clearly correct. … It concludes, however, that "in cases in which harm to the physical or mental health of a child or to the public safety, peace, order or welfare is demonstrated, these legitimate state interests may override the parents' qualified

TAMARA HORUN VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)

New Jersey Superior Court Appellate Division · Dec 20, 2021

the record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly … The member must establish "that he or she has a disabling condition and must produce expert evidence to sustain this burden." Bueno v. Bd. of Trs., Tchrs.' Pension & Annuity Fund, 404 N.J. Super. 119, 126 (App.

Dragon v. New Jersey Dept. of Environmental Protection

405 N.J. Super. 478 · New Jersey Superior Court Appellate Division · Mar 6, 2009

DEP advised Kelly that his application would not likely be approved because there were no buildings within 100 feet of each of his north and south lot lines to qualify for exemption from the development ban of N.J.A.C. 7: … Clearly, while section (b) of N.J.A.C. 7:7-1.10 allows for relaxation of the procedural CPP Rules, such as N.J.A.C. 7:7-7.9, section (c) of N.J.A.C. 7:7-1.10 allows for waiver of the substantive CZM Rules, such as N.J.A.C

W.S. VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES (NEW JERSEY DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)

New Jersey Superior Court Appellate Division · Dec 2, 2021

procedures so established. … The regulations clearly establish that an applicant must first provide sufficient information and verifications to a CWA in a timely manner to allow

Orlando Torres v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Feb 12, 2026

Lakin "was qualified as an expert in orthopedics and orthopedic surgery" and presented testimony on behalf of the Board. … We concluded: [T]he accident was clearly "undesigned and unexpected."

In Re Passaic Cty. Utils. Auth. Pet.

321 N.J. Super. 186 · New Jersey Superior Court Appellate Division · May 13, 1999

Section 33 simply establishes that a municipal authority and the public entity which established it are separate entities. … Although we are unable to discern whether the special meeting was specifically contemplated as the hearing required by section 23, the record clearly reflects substantial compliance with the requirement for prior notice and

S & R ASSOCIATES v. Lynn Realty Corp.

338 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Mar 23, 2001

Judge Williams believed that this conclusion was consistent with well established FDIC policy, which stated unequivocally that liens may attach to property in which the FDIC holds only a mortgage interest as security for … The Statement of Policy Regarding the Payment of State and Local Property Taxes further states that, "notwithstanding the waiver of immunity for ad valorem real property taxation, state and local taxing authorities may not

New Jersey Division of Youth & Family Services v. H.R.

431 N.J. Super. 212 · New Jersey Superior Court Appellate Division · Jun 10, 2013

“Only when the trial court’s conclusions are so ‘clearly mistaken’ or hvide of the mark’ should an appellate court intervene and make its own findings to ensure that there is not a denial of justice.” … Nothing in the Act states that a young child does not qualify. The courts have previously accepted kinship legal guardianship arrangements with children under the age of twelve. See N.J. Div. of Youth & Family Servs, v.

Rajeh A. Saadeh v. New Jersey State Bar Association

New Jersey Superior Court Appellate Division · Dec 20, 2024

" pursuant to a compact "established with the Governor." … Applying Dale to the undisputed facts in this record establishes beyond peradventure that the Bar Association qualifies as an expressive association, and that compelling it to end its practice of ensuring the presence of

WILLOW RIDGE APARTMENTS, LLC v. UNION CITY RENT STABILIZATION BOARD (L-2658-20, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 7, 2022

courts "must interpret a statute, and particularly the notice provisions of [N.J.S.A. 2A:42-84.4], so as not to reduce that language requiring the [thirty] day notice to mere surplusage," and found that "[t]he Legislature clearly … Accepting defendant's interpretation of the statute would allow property owners to circumvent that necessary safeguard, a result the Legislature clearly did not intend.

Dyfs v. Mc III

405 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Dec 31, 2008

Reports of this type, prepared by the qualified personnel of a state agency charged with the responsibility for overseeing the welfare of children in the State, supply a reasonably high degree of reliability as to the accuracy … Therefore, those documents and the trial judge's reliance upon them were "clearly capable of producing an unjust result[.]" R. 2:10-2.

Finkel v. Township Committee of the Township of Hopewell

434 N.J. Super. 303 · New Jersey Superior Court Appellate Division · Dec 30, 2013

We established a briefing schedule and a peremptory oral argument date of December 17. Plaintiffs did not seek emergent relief from the Supreme Court. … In undertaking the statutory analysis, several well-established principles guide us.

R.A.W., Inc., Etc. v. Verdantas, LLC

New Jersey Superior Court Appellate Division · May 5, 2026

Nor does the waiver provision at issue otherwise contravene established public policy, as was the case in Marcinczyk, and Hojnowski. … In Marcinczyk, the Court analyzed the legislative intent underlying the Tort Claims Act, N.J.S.A. 59:2-1(a)—to reestablish sovereign immunity with specific liability- imposing exceptions—and concluded the exculpatory clause

Local 1081 of the Communications Workers of America v. Essex County

255 N.J. Super. 671 · New Jersey Superior Court Appellate Division · Apr 23, 1992

Historically, the County decided in 1988 to withdraw from the State of New Jersey’s Health Benefits Program and sought proposals for the establishment of its own self-funded Health Benefits Program. 2 Rasmussen proposed a … Such result would clearly be violative of the intent of the Act and the regulations thereunder.