Case law

In Re Henn

114 N.J. Eq. 452 · New Jersey Court of Chancery · Nov 14, 1933

Under article 1, section 8, paragraph 4 of the constitution of the United States, congress is given the power "to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the … The receivers qualified and took possession of the corporate property in those states.

State v. Vogt

342 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Jun 25, 2001

On appeal defendant contends: POINT I THE STATE DID NOT ESTABLISH JURISDICTION TO ENFORCE ITS LAW ON THE FEDERALLY OWNED PORTION OF HIGBEE BEACH. … The *383 defendant clearly violated the state regulations by entering a restricted area. As such, the defendant was clearly guilty of the State violation.

Dultz v. Velez

726 F. Supp. 2d 480 · District Court, D. New Jersey · Mar 30, 2010

They applied for benefits after having transferred assets to family members in order to qualify for Medicaid. Id. at 3. … in the Medicaid Act’s nursing home provision, *490 42 U.S.C. § 1396r, is “clearly phrased in terms of the persons benefitted”).

MCGILLVARY v. UNION COUNTY NEW JERSEY

District Court, D. New Jersey · Apr 30, 2020

Prosecutorial activities protected by absolute, as opposed to qualified, immunity include soliciting false testimony from witnesses in grand jury proceedings and probable cause hearings. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

CHABAD OLD TAPPAN, INC. VS. BOROUGH OF OLD TAPPAN (L-8946-18, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 27, 2020

Andresini issued a comprehensive written opinion in which he concluded Chabad's property qualified for the parsonage exemption for tax year 2017. … The court concluded Chabad did not establish the denial of a substantive legal right under either the federal or state constitutions or laws.

ROBERT KOEHLER VS. MICHAEL SMITH (L-4693-15, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 1, 2020

The design plan for the project, drafted by the DOT Bureau of Structural Engineering, clearly indicated a minimal vertical clearance of thirteen feet, nine inches for the Ridge Road overpass, but did not propose the placement … Nonetheless, Balgowan asserted if a contractor were uncomfortable with the manner in which the plan was established, the contractor could address signage on its own.

Mayer v. Board of Commissioners

52 N.J. Super. 127 · New Jersey Superior Court Appellate Division · Oct 6, 1958

the motion for summary judgment stated that no permanent appointment to the position of sanitation general foreman would be made until the Civil Service Commission had held an examination and submitted the names of those qualified … They all indicate clearly that the chief function of the sanitation general foreman is to supervise the scavenger service.

N.J. Turnpike Authority v. Parsons

5 N.J. Super. 595 · New Jersey Superior Court Appellate Division · Sep 26, 1949

No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon. … "There is hereby established in the State Highway Department a body corporate and politic, with corporate succession, to be known as the `New Jersey Turnpike Authority.'" R.S. 27:23-5, N.J.S.A.

Gladstone v. Berk

233 N.J. Super. 228 · New Jersey Superior Court Appellate Division · May 17, 1989

This conflicts with the well-established canon of statutory interpretation which teaches us to harmonize or reconcile the elements of an enactment. … The rule clearly does not authorize admeasurement of dower — rather it sets forth procedures when some other authority permits admeasurement.

Kaprow v. Board of Education

255 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Mar 25, 1992

At no time thereafter was Kaprow advised as to any position for which he might qualify by virtue of his tenure, although he states his address has not changed. … It is thus clear that the legislative delegation to the State Board and the Commissioner of the power to establish rules relating to the hearing of controversies clearly encompasses the right to establish when and the time

Danese v. Ginesi

280 N.J. Super. 17 · New Jersey Superior Court Appellate Division · Mar 2, 1995

The court, however, ordered that a plenary hearing be conducted to establish a record on the following two issues: *20 1. … A Judiciary Committee, to be appointed by the President, is established in Article XV of the by-laws.

United States v. Kingsley

41 N.J. 75 · Supreme Court of New Jersey · Nov 4, 1963

The court accepted the proposition established in United States v. … But such differences and distinctions, even when applied to persons clearly protected by the Fourteenth Amendment, are not in themselves unconstitutional.

Arrow Mill Development Corp. v. ShopRite of Clinton (In Re Arrow Mill Development Corp.)

185 B.R. 190 · United States Bankruptcy Court, D. New Jersey · Aug 11, 1995

ShopRite asserts that, in light of the above, the fund being held by GH & C is clearly an escrow account. … Contrary to debtor’s assertions, an escrow agent serving both parties can indeed qualify as a bailee/agent under § 9-305 5 .

Sillery v. Fagan

120 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Jul 24, 1972

Risko, 56 N.J. 482 (1970), our Supreme Court abolished the theory of interspousal immunity in automobile negligence cases. … Divorce in England was not established until the close of the 17th Century, and then only by Parliament.

State v. Leonardis

73 N.J. 360 · Supreme Court of New Jersey · May 31, 1977

Accordingly, these guidelines should be interpreted to require that the defendant clearly and convincingly establish that the prosecutor's refusal to sanction admission into the program was based on a patent and gross abuse … "These guidelines should be interpreted to require that the defendant clearly and convincingly establish that the prosecutor's refusal * * * was based on a patent and gross abuse [of the exercise] of his discretion."

FIGUEROA v. SUPERIOR COURT OF NEW JERSEY

District Court, D. New Jersey · Jan 21, 2022

Eleventh Amendment Immunity The Superior Court also argues that it is immune to suit in federal court under the Eleventh Amendment. (Def. Mot. 5-7). … Apr. 28, 2021) (“New Jersey Superior Courts are subject to Eleventh Amendment immunity.”).

State v. Sugar

100 N.J. 214 · Supreme Court of New Jersey · Jul 24, 1985

Gregorio, 142 N.J.Super. 372 (Law Div.1976) (“clear and convincing” burden imposed on State to prove that source of witness is independent of immunized testimony of defendant). … The experts were qualified to evaluate the medical significance of Innovar found in the body, particularly when there are no other traumatic injuries, diseases and other toxic substances present, and it is found in a person

Blum v. Parson Manufacturing Co.

80 N.J.L. 390 · Supreme Court of New Jersey · Nov 14, 1910

If these deeds be read together we have a clear unambiguous grant by the defendant as grantor, which it is sought to qualify by a reservation contained in a prior deed by the present grantee to the grantor, and as the reservation … We think that this contract was properly excluded, for there is nothing in the case appearing in the record which requires us to disregard the well-established rule that the law presumes that a. deed made and accepted in

Commercial Trust Co. v. L. Wertheim Coal & Coke Co.

88 N.J. Eq. 143 · New Jersey Court of Chancery · Nov 8, 1917

The receivers qualified, and on. September 17th took actual physical possession of the coal trestles, office buildings and other structures on the leased lands. … The plan relating to the issue of bonds is also clearly explained'. Fletcher v. Bonnet, 51 N. J. Eq. 615; Camden Safe Deposit Co. v. Burlington, &c., Co., 33 Atl. Rep. 479 ; Breit v. Salferino, 77 N. J.

Procanik by Procanik v. Cillo

226 N.J. Super. 132 · New Jersey Superior Court Appellate Division · Jun 30, 1988

It was clearly a project fraught with obstacles and uncertainties at every stage, and Greenstone was not interested in pursuing it. … of the management of this case which can be established despite the inadequate documentation from the records."