Case law

State v. Lamoreaux

20 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jun 10, 1952

The expression of immunity in this particular class of cases would seem to give rise to the implication of the exclusion of immunity in all other classes. … An observance of the course pursued by this defendant is of primary significance in its relation to the attitude of the established principles of double jeopardy.

State v. South

136 N.J. Super. 402 · New Jersey Superior Court Appellate Division · Oct 14, 1975

expert. [1] *407 We are in accord with the principle that the trial judge must make a finding that the examiner is qualified and the test administered in accordance with established polygraph techniques before the results … Grapel before such stipulation is entered into, in accordance with well-established polygraph techniques. It is further understood by George South and his counsel, Christian J.

Teamsters Local No. 676 v. PORT AUTH. TRANSIT

108 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Jan 28, 1970

In affirming the issuance of the injunction the court said, "The Authority here is an agency of the State and its activities clearly involve a proper exercise of governmental functions." 45 N.J., at 146 . … that clause a greater effect is thus to be given to a state statute abroad than the clause permits it to have at home, it is unavoidable that this Court determine for itself the extent to which the statute of one state may qualify

State v. Pemberthy

224 N.J. Super. 280 · New Jersey Superior Court Appellate Division · Apr 5, 1988

Here, the affidavit amply established the unlikely success of alternate investigative techniques. Santora merely establishes that reference to a prior wiretap alone is insufficient. … Reasonableness was clearly demonstrated. Moreover a solely objective, post-hoc approach was not used.

Hills of Troy Neighborhood Assoc. v. Parsippany

392 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Oct 28, 2005

Clearly these principles as articulated in Thornton and Washington Twp., coupled with Parsippany's own ordinance, encompass a communication tower owned by the Municipality for its police use. … These principles which are applicable to the immunity afforded to a *1175 governmental authority superior to a municipality are, a fortiori, equally applicable to a municipality's immunity and consideration of its citizens

Newark Housing Authority v. Ricciardi

176 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Oct 8, 1980

There can be no question but that the effect of N.J.S.A. 20:3-38 and N.J.S.A. 40:55-21.10 is to qualify N.J.S.A. 20:3-30 by providing in respect of blighted area takings, alternative valuation dates, that is, either the date … Clearly, the effect of the declaration is not the taking of land but only the raising of the economically dislocating specter of a possible taking at some undetermined indefinite future time.

New Jersey Apartment Ass'n v. Director

304 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Sep 29, 1997

The formula established by L. 1977, c. 81 set the tenants’ rebate share at sixty-five percent of the property tax reduction. … “Base year” means, for qualified real rental property rented or leased or offered for rent or lease on the effective date of this act, the calendar year prior to the year in which this act takes effect, and for qualified

State of New Jersey v. A.L.

440 N.J. Super. 400 · New Jersey Superior Court Appellate Division · May 18, 2015

It is well established that "a party aggrieved by a judgment may appeal therefrom. … That is the procedure clearly required by Rule 2:9-1(a).

Lawson v. Davis

116 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Oct 21, 1971

It was established at the hearing that some 32 of the signatures were of persons not registered voters, or were not genuine or were otherwise questionable, leaving some 238 unquestionably qualified signatures. … We believe the statute, properly construed (giving effect also to In re Smith, supra ) means that each petition (or sheet if separately circulated) should contain an affidavit or affidavits clearly signifying which signatory

Gold Mills, Inc. v. Orbit Processing Corp.

121 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Nov 15, 1972

The depositions establish a minimal factual basis for negligent performance by D'Elia in order to withstand a motion for summary judgment. … For plaintiff to succeed on a contract theory it must qualify as a third-party beneficiary under the common law rules as codified by N.J.S.A. 2A:15-2.

Law & Pub. Saf. Dep't v. STATE TROOPERS, ETC.

179 N.J. Super. 80 · New Jersey Superior Court Appellate Division · Apr 15, 1981

The arbitrator based his decision on the fact that section A of NCO's proposal clearly gave the Division the sole authority to establish the criteria to be used in evaluating candidates for promotion. … qualified," the proposal was procedural in nature and did not bear on criteria for promotion.

Glassboro v. Gloucester County Board of Chosen Freeholders

199 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 15, 1985

In order to protect the public health, safety,, and welfare, the Act establishes the policy of New Jersey to provide a coordinated approach to solid waste disposal by establishing 22 solid waste management districts (consisting … Writing for the Court, Justice Rehnquist concluded that the right to employment indeed was fundamental and protected by the Privileges and Immunities Clause.

In re the Adoption of a Child by E.T. & T.T.

302 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Jun 26, 1997

Nevertheless, *538 plaintiffs resisted such an assessment after they had prevailed, arguing that they were immunized from payment of fees pursuant to N.J.S.A. 9:3-53, which, while imposing the responsibility for payment of … Thus N.J.S.A. 9:3-38e defines “guardian ad litem” as a qualified person, not necessarily an attorney, appointed by the court under the provisions of this act or at the discretion of the court to represent the interests of

Alfano v. Schaud

429 N.J. Super. 469 · New Jersey Superior Court Appellate Division · Feb 14, 2013

The facts are so clearly in Defendant’s favor, that a summary judgment is justified. See Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445 [ 916 A.2d 440 ] (2007). … The district court denied the defendant’s summary judgment motion, which was based on qualified immunity and the United States Court of Appeals for the Eleventh Circuit affirmed on *476 interlocutory appeal, taking the plaintiff

DCPP v. E.M.C., IN THE MATTER OF THE GUARDIANSHIP OF A.E.C.

New Jersey Superior Court Appellate Division · Jan 23, 2019

Singer was qualified as an expert in psychology and bonding. He conducted a bonding evaluation between Maisie and all three children. … And I find the Division has established that clearly and convincingly. . . . .

Briarglen II Condominium Ass'n v. Township of Freehold

330 N.J. Super. 345 · New Jersey Superior Court Appellate Division · Apr 26, 2000

On January 13, 1995, the Association was established by way of the execution and recording of a Master Deed. Individual deeds to condominium unit owners were executed and recorded thereafter. … Defendant’s argument is, essentially, that, had the Legislature intended the interpretation advanced by plaintiff, it would have more clearly provided for such.

Ass'n Group Life, Inc. v. Catholic War Veterans

120 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Jul 7, 1971

A master policy provided that it was to be renewed from year to year subject to the company's right to establish new premium rates for renewal periods. … We here conclude that where the operating individuals of the corporate principal are fully qualified and licensed *95 insurance brokers the failure of the corporation, which cannot itself be trained and qualified as such

Susko v. Borough of Belmar

458 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Apr 22, 2019

rights, privileges or immunities secured by the Constitution or laws of this State , or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered … Clearly, defendants' contrary interpretation renders the terms "deprive" and "interfere" indistinguishable, yet they are clearly different in meaning.

Lugano v. Director, Division of Taxation

28 N.J. Tax 562 · New Jersey Superior Court Appellate Division · Jun 29, 2015

Alternatively, plaintiff argues the FRB pension should qualify for exemption as a federal pension under N.J.S.A. 54:34-4(h). … In the respective statutes, the Legislature has clearly defined the requirements for marriage, domestic partnership and civil union.

Van Sickle v. Board of Review

372 N.J. Super. 460 · New Jersey Superior Court Appellate Division · Oct 20, 2004

After the trial court dismissed the surviving claim because of the defendant State officials’ qualified immunity, the matter was before us a second time. … And lest there be any doubt as to the true nature of the relationship at issue, we need only refer to the contract between claimant and MVC, which clearly repudiates any claim by the agent to the rights, benefits and privileges