Case law

McGlynn v. New Jersey Public Broadcasting Authority

88 N.J. 112 · Supreme Court of New Jersey · Oct 19, 1981

Clearly, the Legislature’s general approach to the problem was to vest greater discretion in the Public Broadcasting Authority. … Some programs are clearly news, others are clearly debates, and still others fall somewhere between those two categories. 19 The greater the news content of a given program, the more the Authority can feel free to allow its

In re Dodge

90 N.J. Super. 198 · New Jersey Superior Court Appellate Division · Feb 3, 1966

In a case which is comparable to this one in the sense that a university’s claim to a gift was involved, the court held no gift had been made although the intent to make one in praesenti was clearly established. … It may establish or help to establish intent and will “insure deliberate and unequivocal conduct by the donor and the elimination of questionable or fraudulent claims against him.”

Grey ex rel. Simmons v. Mayor of Paterson

60 N.J. Eq. 385 · Supreme Court of New Jersey · Mar 19, 1900

The rights of such riparian owners are clearly stated in the opinion of Mr. Justice Lippincott, in this court, in the case of East Jersey Water Co. v. Bigelow, 31 Vr. 201 . … This provision was intended to qualify and limit the extent of the grant so that the implication could not arise, that Jersey City *392 might without further legislation divert the water for other purposes than a water-supply

MENDEZ v. United States

District Court, D. New Jersey · Apr 30, 2024

Here, Chief Judge Wolfson’s orders were “clearly issued in a judicial rather than administrative capacity,” notwithstanding Plaintiff’s assertion to the contrary, with respect to the exclusions of time under … Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” are entitled to Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception applies

SHAW v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Apr 30, 2024

Here, Chief Judge Wolfson’s orders were “clearly issued in a judicial rather than administrative capacity,” notwithstanding Plaintiff’s assertion to the contrary, with respect to the exclusions of time under … Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” are entitled to Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception applies.

Salvation Army v. Alexandria Township

2 N.J. Tax 292 · New Jersey Tax Court · Mar 2, 1981

The qualifying words, ‘used exclusively for charitable purposes,’ further point to the building as a place where the charitable use was to have a concrete existence. … In order for something to qualify as a building in the structural sense, it must have more substance than canvas walls and a canvas roof.

Dempsey v. Alston

405 N.J. Super. 499 · New Jersey Superior Court Appellate Division · Mar 5, 2009

Defendants, and the Department as amicus curiae, argue that plaintiffs have failed to establish that O.D.' … Plaintiffs have failed to establish that the Act compromises any recognized First Amendment rights.

New Jersey Builders Ass'n v. New Jersey Department of Environmental Protection

306 N.J. Super. 93 · New Jersey Superior Court Appellate Division · Dec 10, 1997

To do so would violate not only the terms of this department's MOU with the State Planning Commission hut the spirit of the State Planning Act, which states clearly that the State Plan is to be used to provide policy guidance … Thus, even if an administrative order satisfies all the Metromedia criteria, it need not go through the rule-making process if it qualifies as an intra-agency statement.

OPEN DOOR ALCOHOLISM PROG. v. Bd. of Adjustment

200 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Apr 9, 1985

Every effort would be made to establish as much of a family atmosphere as possible with the residents sharing in the cooking and living responsibilities and eating together. … Clearly, their living arrangements would not be the functional equivalent of a family unit.

Rubenstein v. Upper Pittsgrove Township

12 N.J. Tax 494 · New Jersey Tax Court · Nov 1, 1991

He further certified that, on or before July 1, 1989, he mailed farmland assessment application forms for the 1990 tax year to all listed owners of previously qualified farmland. … Voorhees, 186 N.J.Super. 307, 316 , 452 A.2d 673 (App.Div.1982), summarily aff'd as mod. 91 N.J. 526 , 453 A.2d 850 (1982), our Appellate Division held that farmland assessments received by a taxpayer were clearly improper

Brenman v. Demello

383 N.J. Super. 521 · New Jersey Superior Court Appellate Division · Mar 8, 2006

Of course, to qualify as relevant, “the evidence [must have a tendency] to establish the proposition that it is offered to prove,” State v. … Clearly, this argument played a prominent role in the defense, especially in light of the polarity of medical views on causation, and was identical to that found objectionable in Davis.

Bauchelle v. AT & T CORP.

989 F. Supp. 636 · District Court, D. New Jersey · Nov 17, 1997

But the assumption will not stand____ The federal nature of the right to be established is decisive — not the source of the' authority to establish it. Here the right to be established is one created by the state. … Boegli, 251 U.S. 315, 316 , 40 S.Ct. 167, 167-68 , 64 L.Ed. 281 (1920) (holding that the 1910 amendments to the ICA “so clearly establish the purpose of Congress to subject such companies to a uniform national rule as to

Chemos Corp. v. STATE DEP.

237 N.J. Super. 359 · New Jersey Superior Court Appellate Division · Dec 15, 1989

The legislative intent was clearly expressed in its finding ... that the generation, handling, storage and disposal of hazardous substances and wastes pose an inherent danger of exposing the citizens, property and natural … qualifies for a de minimus exemption from ECRA requirements, a sampling plan may be required. [12] We disregard reasons proffered in DEP's brief not of record. [13] For a detailed analysis of the effect of this classification

Gonzalez v. BD. OF ED., UNION CTY.

325 N.J. Super. 244 · New Jersey Superior Court Appellate Division · Oct 21, 1999

First, the construction advanced by petitioner and amicus is in direct conflict with established common law. … In exchange, the appointed superintendent is given the security of a determinate term, immunizing him or her from dismissal at the whim of future boards.

RONEY v. SOUTH WOODS STATE PRISON

District Court, D. New Jersey · Mar 4, 2024

. § 1915(e)(2)(B) and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Although Plaintiff has established his indigence in this matter, his claims cutrently before the Court fail to state a claim for which relief may be granted for the reasons set forth above, and Plaintiff's current

FELDER v. United States

District Court, D. New Jersey · Apr 30, 2024

Here, Chief Judge Wolfson’s orders were “clearly issued in a judicial rather than administrative capacity,” notwithstanding Plaintiff’s assertion to the contrary, with respect to the exclusions of time under … Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” are entitled to Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception applies.

State v. Laird

25 N.J. 298 · Supreme Court of New Jersey · Nov 12, 1957

The Lange doctrine was thus reaffirmed in its essential content of constitutional principle quite immune to legislative or judicial impairment. … Nothing demonstrates more clearly that the principles of one age are frequently invalidated by the developments of another.

Liberty Mutual Insurance v. Massey

188 N.J. Super. 631 · New Jersey Superior Court Appellate Division · Jan 18, 1983

that the motor vehicle was at the time said accident occurred, in the possession of some person other than the owner without the owner’s consent and that the identity of such person cannot be ascertained, any qualified person … The intent clearly included giving much needed relief to the Fund. Gorton v. Reliance Ins. Co., 77 N.J. 563, 571 (1978); Motor Club of America Ins. Co. v.

In Re Estate of Gillmore

101 N.J. Super. 77 · New Jersey Superior Court Appellate Division · May 22, 1968

A domicile once established continues until it is superseded by a new one. … Pursuant to the authority and the duty thus cast upon him to provide for his ward's person and property, he duly qualified as guardian.

D'Ippolito v. Maguire

33 N.J. Super. 477 · New Jersey Superior Court Appellate Division · Jan 6, 1955

The clearly expressed language of N.J.S.A. 40:47-6 makes readily apparent the will of the Legislature. … The natural, ordinary and general meaning of terms and expressions may be limited, qualified and specialized by those in immediate association.