Case law

Opinions from 1658 to today.

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  • Vliet v. Board of Trustees of the Public Employees' Retirement System

    156 N.J. Super. 83 · New Jersey Superior Court Appellate Division · Jan 31, 1978

    Mayflower Securities Co., Inc. v. Bureau of Securities, 64 N. J. 85, 92-93 (1973); Close v. Kordulak Bros., 44 N. J. 589, 598-599 (1965). … Weighing equitable factors, the hearing examiner recommended that appellant should not be required to reimburse PEES for prior pension payments received, citing Skulski v. Nolan, 68 N. J. 179 (1975) and Indursky v.

    Cited 11 timesPublished
  • Margo S. Ardan v. Board of Review, Lourdes Medical Center of Burlington County, Inc., and Alliance Healthcare (Board of Review, Department of Labor and Workforce Development)

    444 N.J. Super. 576 · New Jersey Superior Court Appellate Division · Apr 25, 2016

    James v. N.J. Mfrs. Ins. Co., 216 N.J. 552, 556 (2014). … We, therefore, affirm the Board's decision.

    Cited 21 timesPublished
  • Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Board

    New Jersey Superior Court Appellate Division · Dec 30, 2024

    Thus, we exercise plenary review of a Board's interpretation of the MLUL. See Russo v. … Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998) (quoting Sica v. Board of Adjustment, 127 N.J. 152, 166-67 (1992)); see also Kane Props., LLC v.

    Cited 0 timesPublished
  • Pascack Assoc. v. Mayor, Coun. Tp. of Washington

    131 N.J. Super. 195 · New Jersey Superior Court Appellate Division · Feb 1, 1974

    In Brown v. Board of Education, supra , the United States Supreme Court declared segregated public school systems unconstitutional. … An illustration of the judicial role in the fashioning of remedies following Brown II may be found in Swann v. Charlotte-Mecklenburg Board of Education, supra .

    Cited 8 timesPublished
  • State v. Lambertson

    110 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Apr 21, 1970

    Stat. p. 1755) seeks to effectuate was described by Vice-Chancellor Backes in Ames v. Board of Education of Montclair, 97 N.J. … Morss v. Forbes, 24 N.J. 341, 358-359 (1957); United States v. Crimmins, 123 F. 2d 271, 272 (2 Cir.1941). In Morss v.

    Cited 3 timesPublished
  • State v. Lally

    80 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Sep 25, 1963

    Debevoise, for defendant Michael V. Albertine ( Messrs. Riker, Danzig, Scherer & Brown, attorneys). Mr. Walter D. Van Riper, for defendants Ernest S. Arvidson and Frank N. DiRuggiero ( Messrs. … Brown, supra , and Citizens To Protect Public Funds v.

    Cited 3 timesPublished
  • Zielenski v. Bd. of Rev., Div. of Emp. SEC.

    85 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Oct 5, 1964

    See, too, Flournoy v. Brown, 140 So. 2 d 729 ( La. Ct. App. 1962); Perry v. Brown, 162 So. 2 d 444 ( La. Ct. App. 1964). … Medwick v. Board of Review, 69 N.J. Super. 338, 345 ( App. Div. 1961).

    Cited 68 timesPublished
  • New Brunswick Cellular Telephone Co. v. Zoning Board of Adjustment

    307 N.J. Super. 436 · New Jersey Superior Court Appellate Division · Dec 2, 1997

    Defendant Zoning Board of Adjustment of the Borough of Metuchen appeals from a judgment entered by the Superior Court, Law Division, reversing its denial of the application of plaintiff New Brunswick Cellular Telephone Company … It therefore reversed the denial and remanded to the Board with directions to approve the application subject to such reasonable conditions as may be imposed upon or agreed to by the applicant and subject to site plan approval

    Cited 0 timesPublished
  • Meyer v. Board of Trustees of Teachers' Pension & Annuity Fund

    49 N.J. Super. 255 · New Jersey Superior Court Appellate Division · Mar 13, 1958

    In State Department of Civil Service v. Clark, 15 N. J. 334, 341 (1954), Mr. … Plaintiff can find no case in point by way of authority for her proposition with the possible exception of Shaw v. Board of Administration, 109 Cal. App. 2d 770, 241 P. 2d 635 (Ct. App. 1952).

    Cited 2 timesPublished
  • Impey v. Board of Education of the Borough of Shrewsbury

    273 N.J. Super. 429 · New Jersey Superior Court Appellate Division · May 24, 1994

    See Simon v. Board of Trustees, Police & Firemen’s Retirement Sys., 233 N.J.Super. 186, 195 , 558 A.2d 490 (App.Div.), certif. denied, 117 N.J. 652 , 569 A.2d 1348 (1989). … The Board’s decision to contract with an ESC to provide speech correction services is significantly different from the administrative action involved in Viemeister v.

    Cited 1 timesPublished
  • Balsley v. North Hunterdon Regional High School Board of Education

    225 N.J. Super. 221 · New Jersey Superior Court Appellate Division · May 24, 1988

    Petitioner Elizabeth Balsley appeals from a final decision of the State Board of Education (State Board) denying her applica *224 tion for counsel fees in connection with her successful petition challenging the refusal of … Concord Co., 54 N.J. 113 (1969) (allowing Division on Civil Rights to award compensatory damages for out-of-pocket losses); Board of Educ., City of Newark, Essex Cty. v.

    Cited 3 timesPublished
  • Pushko v. Board of Trustees of the Teachers' Pension & Annuity Fund

    208 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Feb 6, 1986

    Following our decision in this matter, reported at 202 N.J.Super. 98 (App.Div.1985), the Supreme Court filed its opinion in Kane v. … We noted that in Cattani v. Bd. of Trustees, Police & Firemen’s Retire.

    Cited 8 timesPublished
  • Divan Builders, Inc. v. Planning Board of Township of Wayne

    127 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Feb 8, 1974

    Cf., Longridge Builders, Inc. v. Planning Bd. of Princeton Tp., 52 N. J. 348, 350 (1968).

    Cited 2 timesPublished
  • O'Connor v. Board of Commissioners of Town of West Orange

    39 N.J. Super. 230 · New Jersey Superior Court Appellate Division · Feb 15, 1956

    See O’Neill v. Colonial Memorial Park, Inc., 121 *235 N. J. L. 617 (Sup. Ct. 1939), where the court found that plaintiff was acting as an employee and not a real estate broker. In Griffith v. Daly, 56 N. J. L. 466 (Sup. … Also in Westervelt v. Kunz, 105 N. J. L. 367 (E. & A. 1929), an attorney was allowed to recover because his services were those of an attorney and not a broker. Tn Kagan v. Berman, 14 N.

    Cited 0 timesPublished
  • Waste Disposal, Inc. v. Monmouth County Board of Chosen Freeholders

    254 N.J. Super. 205 · New Jersey Superior Court Appellate Division · Aug 12, 1991

    The board of freeholders did not pause to have the technical data analyzed by its experts. No technical data was placed before the board by the supporters of the amendment. … “The Board of Chosen Freeholders considers the reopening of the WDI landfill a serious environmental harm.” The board had no factual proof upon which to reach that conclusion. 6.

    Cited 0 timesPublished
  • Dobbins v. Board of Education of Henry Hudson Regional High School

    133 N.J. Super. 13 · New Jersey Superior Court Appellate Division · May 24, 1974

    Falcone v. Bd. Education, Newark, 17 N. J. Misc. 75, 4 A. 2d 687 (C. P. 1939) (school girl hurt by a falling partition in washroom); Kane v. Board of Education of Montclair, 20 N. J. Misc. 7, 23 A. 2d 277 (Sup. … The statute therefore bars recovery against the board. However, plaintiffs, citing Titus v. Lindberg, 49 N. J. 66 (1967), assert that the Board was liable for failure to properly supervise the area.

    Cited 5 timesPublished
  • Silverman v. BD. OF ED., TP. OF MILLBURN

    134 N.J. Super. 253 · New Jersey Superior Court Appellate Division · May 14, 1975

    In Durgin v. Brown, 37 N.J. 189 (1962), the court discussed the effect of a binding referendum on subsequent actions of the school board. … Shuster v. Hardwick Tp. Bd. of Ed., 17 N.J. Super. 357 (App. Div. 1952). The action of the school board to discontinue the use of Washington School is a proper function of the school board.

    Cited 6 timesPublished
  • City of East Orange v. Essex County Board of Taxation

    72 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Feb 6, 1962

    Town of Kearny v. … Town of Kearny v. Div. of Tax Appeals, supra (35 N. J., at p. 314).

    Cited 0 timesPublished
  • Kogene Building & Development Corp. v. Edison Township Board of Adjustment

    249 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Jul 11, 1991

    Gougeon v. Board of Adjustment of Borough of Stone Harbor, 52 N.J. 212, 224 , 245 A.2d 7 (1968). We recognize the presumption of validity accorded the Board’s denial of plaintiff’s variance application. See Kramer v. … Nash v. Board of Adjustment of Township of Morris, supra, 96 N.J. at 107 , 474 A.2d 241 .

    Cited 1 timesPublished
  • Raymond G. Morison, Jr. v. the Willingboro Board of Education

    New Jersey Superior Court Appellate Division · Mar 28, 2024

    In Zayas v. … In City of Springfield v.

    Cited 0 timesPublished

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