Case law

Opinions from 1658 to today.

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  • State v. Kyles

    132 N.J. Super. 397 · New Jersey Superior Court Appellate Division · Jan 29, 1975

    State v. McNair, 60 N.J. 8, 9 (1972); State v. Perry, 128 N.J. Super. 188, 190 (App. Div. 1973), aff'd 65 N.J. 45 (1974). … State v. Smith, 66 N.J. Super. 465, 468 (App. Div. 1961), aff'd 36 N.J. 307 (1962). Accord, Ungar v. Sarafite, 376 U.S. 575, 589 , 84 S.Ct. 841 , 11 L.Ed. 2 d 921, 931 (1964). In State v.

    Cited 16 timesPublished
  • Kuehne Chemical Co. v. North Jersey District Water Supply Commission

    300 N.J. Super. 433 · New Jersey Superior Court Appellate Division · May 9, 1997

    North Jersey Newspapers Co. v. Passaic County Board of Chosen Freeholders, 127 N.J. 9, 16 , 601 A.2d 693 (1992). … Higg-A-Rella, Inc. v. County of Essex, supra, 141 N.J. at 46 , 660 A.2d 1163 ; North *440 Jersey Newspapers Co. v. Passaic County Board of Chosen Freeholders, supra, 127 N.J. at 13, 601 A.2d 693 .

    Cited 10 timesPublished
  • Ochsner v. Township of Cranbury

    8 N.J. Tax 330 · New Jersey Superior Court Appellate Division · Apr 1, 1986

    The denial of the application to extend the preliminary subdivision approval and the validity of the amended zoning ordinance were both challenged in an action entitled Ochsner v. Cranbury Tp. … Land, Improvement Co. v. Parsippany-Troy Hills Tp., 40 N.J. 539 , 193 A.2d 232 (1963). However, the trial court properly noted that the value of land is a factual question.

    Cited 2 timesPublished
  • BARRY MESMER v. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM)

    New Jersey Superior Court Appellate Division · Mar 30, 2022

    However, the ALJ determined the event was not "undesigned and unexpected" under Richardson v. Board of Trustees, Police and Firemen's Retirement System, 192 N.J. 189 (2007). … Boyle v. Riti, 175 N.J. Super. 158, 166 (App. Div. 1980). We accord deference to the Board's interpretation of a statute it is charged with enforcing. Thompson v.

    Cited 0 timesUnpublished
  • In the Matter of Dissolution of Collins-Doan Co.

    1 N.J. Super. 441 · New Jersey Superior Court Appellate Division · Nov 15, 1948

    Berger v. U.S. Steel Corporation, 63 N.J. Eq. 809 . … Berger v. U.S. Steel Corporation, supra. As has been said so often, corporations are creatures of the State and exist by the grace of the Legislature.

    Cited 1 timesPublished
  • In re Long Branch Manufactured Gas Plant

    388 N.J. Super. 254 · New Jersey Superior Court Appellate Division · May 16, 2005

    The presentations were made to the Long Branch Housing Authority (“LBHA”) Board of Directors, and to the public at an open house presentation. … See Brown v. Brown, 86 N.J. 565, 581-83 , 432 A.2d 493 (1981).

    Cited 0 timesPublished
  • Giovanola v. Fort Lee B. L. Assn.

    123 N.J. Eq. 103 · New Jersey Superior Court Appellate Division · Jan 21, 1938

    In Brown v. Brown, 33 N.J. Eq. 650 , 657 , the court of errors and appeals stated: "A specific performance will not be decreed unless the existence and terms of the contract be clearly proved. … See, also, Water Commissioners v. Brown, 32 N.J. Law 504 (at p. 510 ). The testimony is bare of any indication that the alleged acceptance by the complainant was followed with a "tender."

    Cited 0 timesPublished
  • Shuster v. Bd. of Education of Hardwick Tp.

    8 N.J. Super. 415 · New Jersey Superior Court Appellate Division · Apr 24, 1950

    Super. 415 (1950) 72 A.2d 910 AUSTIN SHUSTER, PLAINTIFF, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF HARDWICK IN THE COUNTY OF WARREN IN THE STATE OF NEW JERSEY, A MUNICIPAL CORPORATION, DEFENDANT. … Miller v. Reich, 134 N.J. Eq. 28 , 34 A. 2d 143 . In the instant matter this jurisdictional prerequisite *418 is absent; in fact, the object of the suit is to recover possession of the lands.

    Cited 4 timesPublished
  • State v. Laboy

    270 N.J. Super. 296 · New Jersey Superior Court Appellate Division · Feb 3, 1994

    The trial court imposed a concurrent sentence of 15 years on the conspiracy count. [2] In addition, defendant was assessed penalties totalling $1,030 payable to the Violent Crimes Compensation Board. … See Brown v. United States, 411 U.S. 223, 231-32 , 93 S.Ct. 1565, 1570-71 , 36 L.Ed. 2d 208, 215 (1973); Schneble v. Florida, 405 U.S. 427, 430-32 , 92 S.Ct. 1056, 1059-60 , 31 L.Ed. 2d 340, 344-45 (1972); Harrington v.

    Cited 19 timesPublished
  • Kazanchy v. Borough of Sea Bright

    6 N.J. Tax 622 · New Jersey Superior Court Appellate Division · Mar 26, 1984

    This is an appeal from Tax Court judgments affirming judgments of the County Tax Board and, for one year by direct appeal, a municipal assessment. … Co. v. Newark, 10 N.J. 99, 105 , 89 A.2d 385 (1952).

    Cited 4 timesPublished
  • State v. Tri-Way Kars, Inc.

    402 N.J. Super. 215 · New Jersey Superior Court Appellate Division · Aug 18, 2008

    Manalapan Realty, L.P. v. Twp. … V.

    Cited 1 timesPublished
  • TARTA LUNA PROPERTIES, LLC VS. HARVEST RESTAURANTS GROUP, LLC (C-000101-16, UNION COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jan 28, 2021

    Norman Greco, on behalf of Tarta Luna, authorized Harvest to present the plans to the Westfield Planning Board. The preliminary and final major site plans were approved by the Planning Board in October 2014. … Marioni v. Roxy Garments Delivery Co. Inc., 417 N.J. Super. 269, 275 (App. Div. 2010) (citations omitted); see also Salorio v.

    Cited 0 timesPublished
  • TWO DAUGHTERS, LLC VS. HARBOUR BAY, LLC (L-0990-18, ATLANTIC COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Oct 7, 2020

    Courts do not determine the wisdom of a planning board action. Kaufmann v. Planning Bd. for Warren, 110 N.J. 551, 558 (1988). … A party challenging a board's decision must establish that the board's action was arbitrary, unreasonable, or capricious. Price v. Himeji, LLC, 214 N.J. 263, 284 (2013).

    Cited 0 timesUnpublished
  • Fleischer v. James Drug Stores, Inc.

    7 N.J. Super. 529 · New Jersey Superior Court Appellate Division · Mar 21, 1950

    In State v. Maas, 4 N. J. Misc. 230, Henry V. Walker at a special meeting of the board of directors of Maas & Waidstein Company, was removed from office by the board and Mr. Maas chosen to succeed him. … Walker v. Maas, supra, and Walker v.

    Cited 0 timesPublished
  • McGrath v. Jersey City

    70 N.J. Super. 143 · New Jersey Superior Court Appellate Division · Nov 3, 1961

    See DeMarco v. Board of Chosen Freeholders of Bergen County, supra, 21 N.J. 136 (1956); also Lowenstein v. Newark Board of Education, 35 N.J. 94 (1961). … In D'Elia v.

    Cited 6 timesPublished
  • Alsar Technology v. Zon. Bd. of Adj.

    235 N.J. Super. 471 · New Jersey Superior Court Appellate Division · Jun 2, 1989

    AND DAVID AGENS AND MILDRED AGENS, PLAINTIFFS, v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWN OF NUTLEY, THE MAYOR AND TOWN COUNCIL OF THE TOWN OF NUTLEY, DEFENDANTS. … Lackey v. Bowling, 476 F. Supp. 1111 (D.Ill. 1979). Gregg v. Township Committee of the Township of Hazlet, 232 N.J. Super. 34, 38 (App.Div. 1989). Hutto v.

    Cited 5 timesPublished
  • Henschke v. Borough of Clayton

    251 N.J. Super. 393 · New Jersey Superior Court Appellate Division · Nov 7, 1991

    Officer Green accompanied plaintiff to the residence and noted that, although the property was boarded up and locked, the garage was unlocked. … Beatty, he attempted to contact plaintiff unsuccessfully and the property had been boarded up by a contractor on behalf of HUD. The sergeant advised Mr.

    Cited 6 timesPublished
  • In re Kriso

    276 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Oct 14, 1994

    Lesniak v. Budzash, 133 N.J. 1 , 626 A.2d 1073 (1993) (quoting Kilmurray v. Gilfert, 10 N.J. 435, 440 , 91 A.2d 865 (1952)). … For example, in Friends of Usry for Mayor Campaign v.

    Cited 1 timesPublished
  • State, Dept. of Health v. Tegnazian

    194 N.J. Super. 435 · New Jersey Superior Court Appellate Division · May 11, 1984

    Close v. Kordulak Bros., 44 N.J. 589, 599 (1965). See, also, Mayflower Securities v. … Stewart v. Sec. of Health, Educ. & Welfare of U.S., 714 F. 2d 287, 290 (3rd Cir.1983), quoting Cotter v. Harris, 642 F. 2d 700, 705 (3rd Cir.1981).

    Cited 15 timesPublished
  • Environmental Protection Dep't v. Franklin Tp.

    181 N.J. Super. 309 · New Jersey Superior Court Appellate Division · Aug 4, 1981

    Prospect Hill Apts v. Flemington, 172 N.J. Super. 245, 247 , 1 N.J. Tax 224, 226-27 (Tax Ct. 1979), and cases cited therein. The parties' attempt to avoid repetitious hearings before the county board was understandable. … New Jersey Turnpike Auth. v. Washington Tp . and State v.

    Cited 16 timesPublished

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