Case law

Bergen County v. Leonia Borough

14 N.J. Tax 142 · New Jersey Tax Court · Jul 27, 1994

Clearly, the County or the former County Parks Commission could operate riding facilities which would not be subject to local property tax. … Clearly, if N.J.S.A 40:37-101 does not apply, then I must restrict my analysis to the exemption under N.J.SA 54:4-3.3.

Cooper Medical Center v. Joyner

165 N.J. Super. 482 · New Jersey Superior Court Appellate Division · Jan 22, 1979

These sanctions may include, but need not be limited to, license revocation, termination of state assistance and court action. [1] *485 Clearly, Congress and the Secretary have made ample provision for the enforcement of … the hospital, contributions from charitable corporations, the budget of the hospital, the determination of the class to be benefited by Hill-Burton funds, and whether the defendant as a member of the `working poor' was qualified

Sacks Realty Co., Inc. v. Shore

317 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Dec 31, 1998

The Court's reasoning clearly applies as well to the 1992 Tenant Protection Act and, but for the entry of the consent judgments prior to its enactment, Edgewater would be entirely dispositive. … Immunity from federal regulation is not gained through forehanded contracts. Were it otherwise the paramount powers of Congress could be nullified by "prophetic discernment."

Winstock v. Galasso

430 N.J. Super. 391 · New Jersey Superior Court Appellate Division · May 6, 2013

be okay if [they] played cards in the establishment.” … Russo subsequently advised the plaintiff “not to discuss the case with the IRS without a grant of immunity.” Ibid.

GOYDOS v. RUTGERS, THE STATE UNIVERSITY

District Court, D. New Jersey · Oct 29, 2021

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … The Eighth Circuit disagreed, that the officer’s allegations failed to allege the violation of a clearly established Fifth Amendment right and that the Sheriff was entitled to qualified immunity

W. A. Kraft Corp. v. Terrace on the Park, Inc.

337 F. Supp. 206 · District Court, D. New Jersey · Feb 1, 1972

Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States. … The O’Hare Court concluded ( 437 F.2d at 1177, n. 2 ,) “that the plaintiff has prima facie established in personam jurisdiction under the long arm statute does not relieve it from jurisdictional facts at trial.

United States v. Midwestern Pouch Express, Inc.

662 F. Supp. 207 · District Court, D. New Jersey · Jun 15, 1987

Based on the clearly established fact that Midwestern carried “property for compensation or hire” as an air transporter and not incidental to or within the scope of any existing business, I find that 135 is applicable to … Landy, supra, 705 F.2d at 632 (facts established that lessor and crew supplier kept operational control).

Deerfield Estates, Inc. v. Township of East Brunswick

60 N.J. 115 · Supreme Court of New Jersey · Jan 24, 1972

Nor should a municipality he denied the right to modify an established pattern where altered circumstances reasonably so dictate. … This is clearly a water utility, municipally owned and operated.

CARLO

District Court, D. New Jersey · Nov 3, 2025

Of the conditions Plaintiff lists, several are clearly rationally related to the jail’s legitimate interests: triple booking clearly serves the interest of dealing with overcrowding, a lack of meal variety clearly does … not qualify as punishment, and although Plaintiff states that he experiences second-hand smoke, he alleges the jail is smoking free.

State v. B.H.

290 N.J. Super. 588 · New Jersey Superior Court Appellate Division · May 15, 1996

clearly intended. … It might even be motivated by an attempt to cause annoyance or alarm, but I think it would be immune from prosecution, but the utilization of a ripped up order clearly indicates to me that this was a communication likely

Linek v. Korbeil

333 N.J. Super. 464 · New Jersey Superior Court Appellate Division · Aug 3, 2000

In 1987, after qualified domestic relations orders (QDROs) were authorized by federal statute, a consent order was entered to satisfy the requirements of the pension administrator. … Clearly, the intent of Judge O'Donnell was to apply Kikkert . There's no doubt what Kikkert requires and plaintiff should receive the full share she's entitled to under the law.

Lawes v. Lynch

6 N.J. 1 · Supreme Court of New Jersey · Dec 4, 1950

In our quest of this objective in the present case we are furnished with various established guide posts to which resort is made. … In the present case the clearly expressed language of the will makes the invoking of the canon of construction against intestacy inappropriate.

Ukranian National Urban Renewal Corp. v. Director, Division of Taxation

3 N.J. Tax 326 · New Jersey Tax Court · Sep 11, 1981

A perusal of the various sections of that provision indicates that the only possible paragraph under which plaintiff might qualify is paragraph (e). It provides for an exemption from the corporate business tax for ... … Here plaintiff has not clearly and convincingly established its right to the exemption.

State v. Kittrell

279 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Jan 31, 1995

In adopting the tests of reliability established by the Supreme Court in State v. … Because enough evidence was presented to qualify Detective Mordaga as an expert in this area, the trial court's error in failing to specifically qualify him as an expert was harmless.

Heinl v. Heinl

287 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Feb 14, 1996

The wife's interest in the pension shall be subject to a Qualified Domestic Relations Order. … Clearly, the written provision in the judgment contradicts the express language of the judge's written opinion.

WT Grant Co. v. Walsh

100 N.J. Super. 60 · New Jersey Superior Court Appellate Division · Mar 8, 1968

Plaintiff sues on a contract for the establishment of a retail installment sales account. Defendant Janet P. … These statements were clearly untrue and were relied upon by Mrs. Walsh. Mrs.

New Jersey Ass'n of Health Care Facilities v. Finley

83 N.J. 67 · Supreme Court of New Jersey · May 28, 1980

Although the State Medicaid program reimbursed qualified *74 nursing homes which voluntarily accepted indigents for their care at standard rates, the homes could generally obtain greater fees from private paying patients … Administrative regulations enjoy a presumption of legality and unless clearly ultra vires on their face, and we have held they are not, the person attacking them has the burden of proving their invalidity.

BAREL v. JUDICIARY COURTS OF THE STATE OF NEW JERSEY

District Court, D. New Jersey · Feb 7, 2020

immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “[T]he sale of [Plaintiff’s] property did not violate any clearly established rights because the Sheriff acted pursuant to a valid state court judgment.” Gage, 521 F.

Grogan v. DeSapio

11 N.J. 308 · Supreme Court of New Jersey · Jan 19, 1953

Clearly the 1927 act vested in the board of commissioners a “complete” discretion, Tagliareni v. Stilz, supra. … It did not, however, circumscribe the powers of the courts, clearly implicit in Oliver v.

In Re Gutkowski

135 N.J. Eq. 93 · New Jersey Superior Court Appellate Division · Jul 27, 1943

Justice Blatchford said in Re Devoe Manufacturing Co., 108 U.S. 401 , 413 ; 2 S.Ct. 894 , 902 ; 27 L.Ed. 764 : "* * * The jurisdiction thus conceded to New York [in article IV] is, clearly, a limited one, and cannot, in any … . * * *" He concludes the opinion in the following language: "* * * and that the sovereignty of the State of New Jersey is co-extensive with the territorial limits thus established, subject only to such extra-territorial