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.

Wheeler v. Nieves

762 F. Supp. 617 · District Court, D. New Jersey · Apr 9, 1991

. *621 II.THE STATE IMPERMISSABLY [SIC] INTRODUCED OTHER CRIMES EVIDENCE TO ESTABLISH A GENERAL DISPOSITION FOR WRONGDOING IN VIOLATION OF [NEW JERSEY] EVIDENCE RULE 55. III. … The appellate division expressly found his challenge to the sufficiency of the evidence was “clearly without merit.” App.Div.Op. at 7.

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.

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.

Summit Bank v. US DEPT. OF TREASURY-BUREAU

24 F. Supp. 2d 382 · District Court, D. New Jersey · Oct 30, 1998

The court reasoned that "determination of the nonmonetary claims may or may not determine whether plaintiffs are entitled to monetary relief, `and, clearly will not determine the amount of such relief ....'" … The declaratory relief sought had a "conspicuous impact beyond establishing a right to the disallowed funds" and that this "prospective, independent significance ... makes it ... the primary relief sought by the State."

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

State v. Heppenheimer

58 N.J.L. 633 · Supreme Court of New Jersey · Mar 15, 1896

There is no uncertainty in that respect; it excludes most clearly the idea that the act of 1846 was to be deemed a part of this charter. … Immunity to that extent existed without the consent of the state.

A & B AUTO STORES v. City of Newark

103 N.J. Super. 559 · New Jersey Superior Court Appellate Division · Nov 29, 1968

The Sun Indemnity case is clearly distinguishable. … VI DEFENSE OF GOVERNMENTAL IMMUNITY Plaintiffs have moved to strike the defense of municipal immunity.

State v. Seefeldt

51 N.J. 472 · Supreme Court of New Jersey · May 6, 1968

The affidavit and testimony clearly established probable cause for a belief that the defendant had been involved in the shooting of her husband and the defendant does not contend otherwise on this appeal. … Alternatively, she contends that the circumstances of her return to New Jersey clothed her with immunity from arrest under N. J. S. 2A :81—21 as a material witness.

Wyer v. Middletown Township

16 N.J. Tax 544 · New Jersey Tax Court · Jun 19, 1997

The Appellate Division clearly set forth its “view that where the woodland in question is not ‘part’ of the farm within the rational [sic] of Andover, supra., it can, if contiguous to the farm, qualify for the farmland assessment … the qualifying parcels.

State v. Fuller

118 N.J. 75 · Supreme Court of New Jersey · Mar 5, 1990

At the other extreme, a blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly … Questions that an accused might ask regarding food, drink, and other necessities surely would not qualify as defendant-initiated conversations for the purposes of today’s inquiry.

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

Brazina v. Brazina

233 N.J. Super. 145 · New Jersey Superior Court Appellate Division · Mar 6, 1989

We are satisfied that the proofs in this case wherein the parties resided in the former marital home with their child for a period of two years clearly established that the parties had reconciled. … from equitable distribution such immunity does not apply to the incremental value "contributed by the other spouse."

In Re Guardianship of DJM

325 N.J. Super. 150 · New Jersey Superior Court Appellate Division · Jul 7, 1999

The bill was introduced on February 18, 1999, and the legislative statement preceding the proposed bill highlighted its principal tenet with the following statement: "The bill clearly establishes as public policy in Titles … The New Jersey Legislature's adoption of ASFA clearly expresses its desire to expedite these proceedings.

Independent Electricians & Electrical Contractors' Ass'n v. New Jersey Board of Examiners of Electrical Contractors

48 N.J. 413 · Supreme Court of New Jersey · Jan 23, 1967

The scheme of the act, as the statutory title indicates, is clearly to regulate the business of electrical contracting for hire and not to qualify and license the individual master or journeyman electricians who actually … The statute directs that the examination “shall be so designed as to establish the competence and qualification of the applicant to perform and supervise the various phases of electrical contracting work,” N. J. S.

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.

IBRAHIM v. EMRICH

District Court, D. New Jersey · Oct 17, 2024

They further assert that they are entitled to qualified immunity on the individual capacity claims for damages because Plaintiff fails to demonstrate a violation of a clearly established constitutional right and that the … al-Kidd, 563 U.S. 731, 735 (2011) (stating that, to overcome a claim of qualified immunity, a plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly