Case law

Laurel Lawn v. Zoning Bd. of Adj.

226 N.J. Super. 649 · New Jersey Superior Court Appellate Division · Jan 19, 1988

A reading of the "New Jersey Cemetery Act" irrefutably leads one to the conclusion that in the Legislative "mind" a crematory is clearly associated with, incidental to and closely aligned with the operation of a cemetery. … N.J.S.A. 8A:4-3 requires establishment of a trust fund by cemetery companies except for: "... any cemetery company operating a crematory physically separated from a cemetery...."

State v. Casimono

250 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Jul 25, 1991

We also conclude that defendant's other arguments are clearly without merit and do not require discussion. R. 2:11-3(e)(2). Accordingly, we affirm defendant's convictions. … Therefore, the State did not establish any basis for conducting a protective search for weapons of Guerrero and defendant.

State v. Carter

136 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Dec 10, 1974

It, however, was virtually impossible to establish an alibi, for at all times defendants were concededly within minutes of the murder scene and the moment of the killings could not be established precisely. … Harrison, he refused to testify on the ground of self-incrimination unless he was granted immunity. As Mr.

Thompson v. BD. OF EDUCATION, CITY OF MILLVILLE

12 N.J. Super. 92 · New Jersey Superior Court Appellate Division · Feb 2, 1951

This case is clearly distinguished from the case at bar by the judicial declaration of the court in the later case of Kane v. Board of Education of Montclair, 20 N.J. Misc. 7 , 23 A. 2d 277 ( Sup. … This is a definite governmental function, and the inclusion of the idea that football games are operated as a profit-making enterprise does not establish a transition from a governmental to a proprietary function.

PAUL MARINACCIO VS. MATTHEW CANGIALOSI (L-5978-16, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 21, 2020

The doctrine of qualified immunity serves to "shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established … statutory or constitutional right, and (2) whether the right was clearly established.

State of New Jersey v. Timothy Adkins

433 N.J. Super. 479 · New Jersey Superior Court Appellate Division · Dec 20, 2013

After reviewing the certificate in this case, we conclude that it was not intended to establish a suspect's consent to a warrantless search, but rather was intended to satisfy the immunity statute and establish the chain … Ed. 2d 908 (1966), was based on the presumed exigency created by the dissipation of alcohol levels in the bloodstream, and was clearly stated in opinions of our Supreme Court.

Paul v. National Educ. Ass'n

195 N.J. Super. 426 · New Jersey Superior Court Appellate Division · Aug 8, 1984

The record in this case, thus viewed, demonstrates some factual differences which might well impact on the question of probable *430 cause, as Judge Griffin clearly realized. … The fact that Lissa Brown and Charles McCarty may have had less than a full complement of the characteristics a Utopian world would design for a teacher or a school board member does not establish a want of probable cause

Burns v. Belafsky

326 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Dec 20, 1999

Salcman's report, which was served within the 120 day period for which an extension could have been given, clearly showed that plaintiffs' claim was meritorious. Again we disagree. … Here, counsel's neglect qualifies as good cause thereby establishing the right to an extension because the affidavit filed sets forth a "threshold showing" of malpractice and was filed within the extension time period permitted

BD. OF EDUC. OF CITY OF PLAINFIELD v. Cooperman

209 N.J. Super. 174 · New Jersey Superior Court Appellate Division · Mar 25, 1986

However, as of June 1985, no such policy had been established. … A child with an intact immune system will respond to this challenge by developing a fever and a variety of symptoms which accompany the immune system's development of antibodies which from that time on will erect a shield

WT v. Div. of Med. Assistance and Health Services

391 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Mar 1, 2007

Rahm, 104 Wash. 2d 159, 169 , 702 P. 2d 1196 (1985), cert. dismissed, 478 U.S. 1029 , 107 S.Ct. 8 , 92 L.Ed. 2d 763 (1986)("Nothing in the Medicaid statute or regulations establishes federal criteria for determining ownership … child support obligations to qualify the custodial parent for Aid to Families with Dependent Children") and Eichenholz v.

Taibi v. De Gennaro

65 N.J. Super. 294 · New Jersey Superior Court Appellate Division · Jan 25, 1961

However, that case is clearly distinguishable from that with which we are presently concerned and needs no further comment or analysis. … There the defendants sought leave on motion to join the plaintiff's husband for the purpose of establishing the latter's liability for contribution.

Meadowlands Basketball Assoc. v. Director, Div. of Taxation

340 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Apr 26, 2001

He argued, instead, that the Authority did not qualify as a "vendor of services or property." … Nets professional basketball games, and the admission charges to attend such events, clearly fall within the exception to the exemption.

Citizens for Chart. Change, Essex Cty. v. Caputo

151 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Jun 27, 1977

This is so because, though they are clearly not qualified to vote ( N.J.S.A. 19:32-15), their elective voice would nevertheless be considered in determining the number of signatures required in order to place the referendum … The decision clearly *294 contemplated that no further challenges to signatures would occur.

H.A.I.L., D.I.A.L., Inc. v. Casino Control Commission

282 N.J. Super. 217 · New Jersey Superior Court Appellate Division · Jun 5, 1995

But the language highlighted above clearly indicates that the fundamental statutory obligation imposed on applicants and licensees relates solely to the provision of equal employment opportunity. … As used in N.J.S.A. 5:12-135(a) the term "minority groups” clearly includes the handicapped. See N.J.S.A. 5:12-134(c) referring to the handicapped as included with minority groups to which the act applies.

Gonzales v. City of Camden

357 N.J. Super. 339 · New Jersey Superior Court Appellate Division · Feb 6, 2003

Section 1983 does not create any substantive rights; it only establishes remedies for deprivations of rights established elsewhere in the United States Constitution or federal statutes. Baker v. … Because plaintiffs' proofs could not be found to establish a constitutional violation, we also have no occasion to consider whether the individual defendants would be entitled to qualified immunity. See Siegert v.

Calabrese v. POLICEMEN'S BENEV. ASS'N

157 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Feb 21, 1978

Furthermore, when a properly qualified physician was improperly excluded from membership in a society for which he was qualified, mandamus was held to be the proper remedy. Falcone v. Middlesex Cty. … However, that right is qualified in numerous respects by our public laws, and it is similarly qualified in respect to its exercise in the course of one's participation in the activities of private associations.

Tornquist v. Perkowski

208 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Nov 15, 1984

Subsequent events cannot relate back to the time where the court found no conflict of interest existed so as to qualify or to disqualify counsel from proceeding to trial. … Risko, 56 N.J. 482 (1970) (abrogating interspousal tort immunity in automobile negligence actions); Merenoff v. Merenoff, 76 N.J. 535 (1978) (abrogating interspousal tort immunity in general). [23] Accord White v.

State v. Malone

164 N.J. Super. 47 · New Jersey Superior Court Appellate Division · Nov 21, 1978

The General Public Assistance Law mandates that every municipality in the State shall establish and administer a general assistance program. N. J. S. … The contention is clearly without merit. N. J. S.

Schofield v. ZONING BOARD OF ADJ. TP. OF DENNIS

169 N.J. Super. 150 · New Jersey Superior Court Appellate Division · Jun 25, 1979

We are clearly of the opinion that the trial judge erred. … Since the use was never valid, the Simmermans could not be deemed to have had a nonconforming *156 use immune from the more restrictive 1975 ordinance.

Bahrle v. Mirabelli

107 N.J. Super. 361 · New Jersey Superior Court Appellate Division · Oct 30, 1969

The proofs establish that in 1965 the State undertook a survey of all New Jersey municipalities to determine whether any employees who had not established membership in PEES were required to establish membership as a condition … In my judgment the State complied with its duty by circularizing to the municipalities and their certifying agents by way of pamphlets and other periodicals information which clearly indicated the mandatory requirement of