Case law

STRUNK v. HILLSBOROUGH TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Mar 17, 2022

Rule 12(b)(1) governs the NJDOE’s motion to the extent it challenges Plaintiffs’ action on standing and immunity grounds. … The parties do not appear to dispute that H.S. is a qualified individual with a disability. (See ECF 32, 35).

Forbringer v. Romano

10 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Nov 20, 1950

True, the intention of the testator will not prevail if it is inimical to an established rule of law. … In general, a restraint solely on use and enjoyment will not be nullified unless it clearly exceeds reasonable limitations in the circumstances of the given case.

Mutschler v. New Jersey Department of Environmental Protection

337 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jan 18, 2001

Prior to construction, the Borough must adopt a Land Use Regulation Program approved municipal resolution clearly listing all these properties. … Therefore, condition seven of the permit issued to West Cape May is clearly valid.

Williams v. Bd. of Ed. Deptford Tp.

192 N.J. Super. 31 · New Jersey Superior Court Appellate Division · Nov 16, 1983

injury under the workers' compensation laws should also qualify under Civil Service regulations. … N.J.S.A. 18A:30-2.1 should not be read to establish a limited period of eligibility running continuously for one year from the date of the accident or even from the first qualifying absence.

DIANA ACEVEDO VS. CITY OF MILLVILLE (L-0404-18, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 17, 2021

The trial court granted the City's motion for summary judgment, finding the City immune from liability under N.J.S.A. 59:4-2 because plaintiff failed to present sufficient evidence establishing the depression or hole constitutes … In fact, the evidence establishes that it is not.

Hyland v. Ponzio

159 N.J. Super. 233 · New Jersey Superior Court Appellate Division · Apr 26, 1978

It seems inconceivable that the Legislature intended to establish one standard for the issuance of a license and another for its renewal or revocation. … There Judge Michels said: We are of the view that the statutory specification of residency established by N. J. S.

State v. Savoie

67 N.J. 439 · Supreme Court of New Jersey · Jun 16, 1975

The context clearly shows that the prohibited receiving or taking was that for the execution and doing of the officer’s duty and office. … When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto. * * * (8) Requirement

RICHARDSON v. MCCORMICK

District Court, D. New Jersey · Apr 10, 2024

review an IFP plaintiff's complaint and dismiss the complaint if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … A plaintiff must establish that (1) she was over forty years old at the time of discharge; (2) she was qualified for the position she was discharged from and was performing her duties satisfactorily; (3) her employment

COLLINS v. VOLUNTEERS OF AMERICA DELAWARE VALLEY INC

District Court, D. New Jersey · Aug 8, 2025

Plaintiff’s IFP application establishes his financial eligibility to proceed without prepayment of the filing fee and will be granted. I. … A private entity can only qualify as a state actor where it performs a “traditional” and “exclusive public function,” “when the government compels the private entity to take a particular action,” or “when

McAvoy v. Inhabitants of City of Trenton

82 N.J.L. 101 · Supreme Court of New Jersey · Jul 21, 1911

The ordinance under review is a general one, establishing certain positions to be filled by the common council, and repealing all inconsistent ordinances, and as no such position as clerk of the street department is provided … Wilson was such non-resident, but it clearly appears that he was duty elected from the ward he claims to represent; that he is recognized as a member of the council, and has participated in all of its proceedings and business

Allan-Deane Corp. v. Tp. of Bedminster

153 N.J. Super. 114 · New Jersey Superior Court Appellate Division · Oct 5, 1977

Super. 114 (1977) 379 A.2d 265 ALLAN-DEANE CORPORATION, A DELAWARE CORPORATION, QUALIFIED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. … stated purpose of the meeting was "to discuss the Allan-Dean Proposal and its impact on the Somerset Hills Area," the written meeting notice further identifying the three municipalities as the communities "where the long-established

Ordinary of New Jersey v. Thatcher

41 N.J.L. 403 · Supreme Court of New Jersey · Nov 15, 1879

It might, however, tend to misconception if this general statement of the legal'rule should not be qualified by an intimation that there may be cases in which an obligor may, by his incaution, impart to the depositary of … The doctrine is stated as established law, both in the Touchstone and in the Institutes of Lord Coke.

ELENA MERCADO VS. DONNA L. KRIMMEL (L-0230-17, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 16, 2021

Defendants asserted on their motion that plaintiff had not established prima facie proof of negligence, and that they were entitled to weather immunity under N.J.S.A. 59:4-7 in any event. … Specifically, the judge found the motion record "clearly delineate[d] the hazardous conditions on the road at the time the accident occurred," that the driver was operating the bus "under the purview" of New Jersey Transit

BOARD OF ED. OF BELVIDERE v. Bosco

138 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Dec 10, 1975

Defense counsel in his brief and at oral argument urged that N.J.S.A. 18A:9-6 mandates that since the petition was signed by more than 40% of the qualified voters, the board must place the proposal before the voters at the … It tailored the enabling legislation to be responsive to urban as well as suburban and rural situations while at the same time establishing a statewide policy to guarantee a relatively uniform system throughout the state.

Gosschalk v. Gosschalk

48 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Feb 6, 1958

(Emphasis added) To qualify for admission as a temporary visitor, an alien must establish: “(1) that he has a residence in a foreign country which he has no intention of abandoning; (3) that he intends to remain in the United … J. 315 (1954), is clearly distinguishable. In Greenberg v. Greenberg, 11 N. J. Super. 582, 595-596 (Ch. 1951), the court said: “Defendant moves to abate tbe within action because of tbe pendency of the New York action.

State v. Ransom

169 N.J. Super. 511 · New Jersey Superior Court Appellate Division · Jul 13, 1979

Moreover, the court stated that the "sale of intoxicating liquor * * * is not one of the privileges or immunities of citizenship protected by the * * * Constitution * * *, but is rather a business subject to prohibition or … It *516 distinguished its holding from previous decisions having to do with warrantless searches of liquor establishments ( Colonnade Catering Corp. v.

Stratmore v. United States

292 F. Supp. 59 · District Court, D. New Jersey · Oct 3, 1968

Such a situation, it seems to us, clearly establishes a proximate relationship between guaranties of the notes and the business operations under the management contract.” In Jaffe v. … In determining whether advances qualify as debt, later advances can be separated from the initial investment. See Huffstutler v. Commissioner, 12 TCM 1422 (1953).

BHIMNATHWALA v. NEW JERSEY STATE JUDICIARY, FAMILY DIVISION

District Court, D. New Jersey · Dec 9, 2020

It is well-established “that judges are immune from suit under section 1983 for monetary damages arising from their judicial acts.” Gallas v. … Accordingly, Hopson and Heilman are not entitled to quasi-judicial immunity, but the claims against them clearly lack merit. c.

Smb Assocs. v. Dept. of Environ. Prot.

264 N.J. Super. 38 · New Jersey Superior Court Appellate Division · Apr 23, 1993

Additionally, there were no substantive criteria established before the administrative proceedings for determining how to qualify for a "conceptual approval." … It does not establish how the proposal might have been revised so as to qualify for a waiver.

State v. Jenewicz

193 N.J. 440 · Supreme Court of New Jersey · Jan 28, 2008

The questioning established that Dr. … We found that the prosecutor’s references in Nelson were “clearly improper” and constituted reversible error. Id. at 462 , 803 A.2d 1 .