Case law

STATE DEP v. Middlesex Cty. Freeholders Bd.

206 N.J. Super. 414 · New Jersey Superior Court Appellate Division · Jun 12, 1985

This language clearly refers to operation of a collection or disposal system in violation of the Act rather than a solid waste management district's failure to properly carry out its planning responsibilities. … Therefore, unless it can seek an injunction to compel a district to establish a resource recovery facility which an approved plan obligates it to establish, DEP would be in the anomolous position of being able to order a

Alexandria Township v. Orban

21 N.J. Tax 298 · New Jersey Tax Court · May 4, 2004

Pio Costa did not hold that the land was qualified for farmland in 1997. … The judge in Pio Costa did not consider the language of N.J.A.C. 18:15-6.2(a)(6) which clearly requires a written approved woodland management plan.

Rogers v. Colt

21 N.J.L. 704 · Supreme Court of New Jersey · Jul 15, 1848

There is no other language in the instrument clearly shewing a different intent, by which the natural import of these terms is altered, or their effect qualified. 4. … If so, he clearly erred. The appropriate province of the court and of the jury are totally distinct.

Hk v. Dmahs

379 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Jul 29, 2005

Therefore, under the then existing income-based test, he qualified for Medicaid. … , and clearly in need of support.

GILASFIE MEHMEDI VS. STRENGTHEN OUR SISTERS (L-3797-16, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 28, 2020

Judge Frank Covello entered the order after finding defendant immune from liability under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. … A defendant must prove that it "qualifies for charitable immunity [because] it (1) was formed for nonprofit purposes; (2) is organized exclusively for religious, charitable or educational purposes; and (3) was promoting

Romagnola v. Gillespie, Inc.

194 N.J. 596 · Supreme Court of New Jersey · Jun 2, 2008

It explained that “case law pertaining to procedural changes, i.e. rule amendments, clearly establishes that, normally, the rule in effect on the date a judgment or order is *602 entered will govern.” … Few cases should qualify for such special relief; this is one of those rare cases. IV.

United States v. Articles of Drug . . . Hormonin

498 F. Supp. 424 · District Court, D. New Jersey · Aug 29, 1980

The plain language of 21 U.S.C. § 321 (p) mandates that a manufacturer establish (1) that the drug product is “generally recognized” as safe and effective by qualified experts under the conditions prescribed and (2) having … The well-established general rule is “that the United States [is] neither bound nor estopped by the acts of . . .

New Jersey Turnpike Authority v. Township of Monroe

28 N.J. Tax 158 · New Jersey Tax Court · Jul 2, 2014

For tax year 2010, the Subject was assessed as farmland qualified pursuant to the Farmland Assessment Act of 1964 (the “FA-Aet”). … N.J.S.A. 13:8C-2 where the legislative findings reflect that the GSPTA was enacted pursuant to a “need to establish a program to serve as the successor to the programs established by” several Green Acres laws, including,

M.J. Ocean, Inc. v. Director, Division of Taxation

23 N.J. Tax 646 · New Jersey Tax Court · Feb 15, 2008

Acquisitions, supra, a condition to New Jersey’s waiver of sovereign immunity as to refund claims and thus is not subject to extension based on equitable considerations. … “The intent to waive need not be stated expressly, provided the circumstances clearly show that the party knew of the right and then abandoned it, either by design or indifference.” Ibid.

YASIN

District Court, D. New Jersey · Mar 6, 2026

A government policy or custom can be established in two ways: Policy is made when a ‘decisionmaker possessing final authority to establish … However, Plaintiff’s allegations are premised on the PCPO’s alleged inactions that clearly relate to the PCPO’s authority to investigate and enforce the criminal laws of the State of New Jersey as delegated by the State

Walsky v. Pascack Valley Hospital

145 N.J. Super. 393 · New Jersey Superior Court Appellate Division · Nov 18, 1976

As he testified at the trial, unless such were the case their purpose in establishing an association would be frustrated. … The establishment of an undefinable classification for the granting or denial of important economic benefits by those entrusted with fiduciary powers affecting the public's interest clearly violates the public policy of this

Orgler v. Orgler

237 N.J. Super. 342 · New Jersey Superior Court Appellate Division · Nov 29, 1989

The burden of establishing that an asset is immune from equitable distribution "will rest upon the spouse who asserts it." Landwehr v. Landwehr, 111 N.J. 491, 504 (1988), quoting Painter v. … We are satisfied that the remaining contentions raised by both parties are clearly without merit. R. 2:11-3(e)(1)(E).

FOULKE v. TOWNSHIP OF CHERRY HILL

District Court, D. New Jersey · Jul 29, 2024

To determine whether a public official is entitled to qualified immunity, courts engage in a two-step process. … on individual defendants’ qualified immunity arguments at pleading stage). 6 In determining whether they can plead facts to show a violation of a clearly established constitutional right, Plaintiffs

Graves v. Bloomfield Planning Bd.

97 N.J. Super. 306 · New Jersey Superior Court Appellate Division · Oct 19, 1967

It is, of course, well settled that it is presumed that the ordinance is valid and that the burden of proof is upon plaintiffs to establish its unreasonableness and invalidity. Vickers v. … The owner of *318 the lot in question clearly qualifies thereunder and, so far as zoning is concerned, is entitled to a building permit as a matter of right and the planning board properly so concluded.

Brunson v. Rutherford Lodge Number 547

128 N.J. Super. 66 · New Jersey Superior Court Appellate Division · Feb 22, 1974

With respect to the requirement that such organizations must be organized and operated in "substantial part" for charitable and educational purposes, the following guidelines have been established for interpreting the qualifying … The need for the enactment of a special statute for fraternal organizations clearly shows that social and fraternal purposes do not qualify for exemption under N.J.S.A. 54:4-3.6. See Dover v.

Wilkes v. Borough of Clayton

696 F. Supp. 144 · District Court, D. New Jersey · Sep 29, 1988

On December 16, 1987, this court granted defendants’ motion for summary judgment as to plaintiff’s claim against defendants Winters, Doe and McDonald in their individual capacities on the basis of qualified immunity. … In so ruling, we based our decision on the absence of any clearly established constitutional right of arrestees in police custody to be free from visual observation while using bathroom facilities.

Scerbo v. Bd. of Adjustment of City of Orange

121 N.J. Super. 378 · New Jersey Superior Court Appellate Division · Nov 30, 1972

The record before the board of adjustment clearly establishes that the proposed treatment center falls within this definition of a hospital, namely, an institution for the reception and care of sick persons. … Here, both the application and the notice clearly specified the relief which was being applied for.

New Jersey Carpenters Apprentice Training & Education Fund v. Borough of Kenilworth

284 N.J. Super. 521 · New Jersey Superior Court Appellate Division · Oct 16, 1995

It is clearly to the benefit of the public to have a pool of skilled, well-trained carpenters available. … We are satisfied that the instructional training program for journeymen carpenters conducted by the Fund qualifies as a school.

Kazala v. Prudential Insurance Co. of America

12 N.J. 75 · Supreme Court of New Jersey · Mar 30, 1953

A. 43 :21 — 25 et seq., provides for the establishment by employers of private plans for the payment of disability benefits in lieu of the benefits of the state plan .established by the statute. … The Booth and Gross cases, supra, however, dealt with specific contractual language clearly related to the insured’s employment and therefore are not applicable here.

Morris v. Muller

113 N.J.L. 46 · Supreme Court of New Jersey · Apr 12, 1934

On the other hand, he is not immune from the responsibility, if he fails to employ in the work he undertakes that reasonable knowledge and skill exercised by lawyers of ordinary ability and skill. McCullough v. … This clearly evinces a legislative purpose to vest in real estate brokers, who must, as a prerequisite to the right to a license, submit to examination as to their qualifications, the authority to draft the enumerated documents