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

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

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.

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

Scotch Plains Tp. v. Town of Westfield

83 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Apr 7, 1964

The distinction has proved useful to restrain the ancient concept of municipal tort immunity, not because of any logic in the distinction, but rather because sound policy dictated that governmental immunity should not envelop … The planning board gave its qualified approval to this choice, contingent upon certain land in the North Scotch Plains area being used for a park and recreational area.

Barone v. D. of Human Serv., Div. of Med. Asst.

210 N.J. Super. 276 · New Jersey Superior Court Appellate Division · Apr 24, 1986

whether there is substantial evidence in the record to support the findings upon which the agency based application of legislative policies; and (3) whether, in applying the legislative policies to the facts, the agency clearly … Vesta Co., 45 N.J. 301, 315 (1965), and the traditional judicial reluctance to declare a statute void, a power to be delicately exercised unless the statute is clearly repugnant to the Constitution. Brunetti v.

Nj Transit Pba v. Transit Corp.

290 N.J. Super. 406 · New Jersey Superior Court Appellate Division · May 21, 1996

All employees who qualify for this examination will be required to sign a form reflecting their consent to drug and alcohol tests. B. … a search and seizure, is unreasonable in light of established constitutional interpretation.

SPECIAL CARE v. Board of Review

327 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Jan 10, 2000

Clearly, it lacked authority to delay its disposition eleven months, when we specifically ordered it to "make its determination after remand within forty-five days." … The obvious purpose of § 3304 in demanding adherence to these minimum standards is to establish uniformity, which protects the unemployed in a consistent and predictable manner. McKay v.

Gilman v. Newark

73 N.J. Super. 562 · New Jersey Superior Court Appellate Division · Apr 6, 1962

But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision. … Since any one of these systems having the approval of the Underwriters Laboratories could qualify, further specificity was not required.

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.

ALTICE USA, INC. v. NEW JERSEY BOARD OF PUBLIC UTILITIES

District Court, D. New Jersey · Mar 10, 2020

This Court (1) treated Altice’s filing as a motion for a preliminary injunction, (2) found that the amended complaint naming all BPU’s board members qualified the case for the Young Exception, and (3) announced its intent … Altice’s request (ECF No. 15) to file an amended complaint, combined with this Court’s order (ECF No. 16) permitting Altice to do so and directing Altice to move for reconsideration, clearly contemplate that the amended

Alexander Moss, Jr. - Adversary Proceeding

United States Bankruptcy Court, D. New Jersey · Jun 17, 2020

[T]he Tort Claims Act [is] the means through which the Legislature ‘re-establishe[d]’ sovereign immunity.” D.D. v. Univ. of Med. & Dentistry of New Jersey, 213 N.J. at 133; see also Velez v. … As noted, this waiver has been established in the present case.

LYLES v. BRANTLEY

District Court, D. New Jersey · Mar 20, 2023

The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” U.S. Const. amend. I. … “Inmates clearly retain protections afforded by the First Amendment . . . including its directive that no law shall prohibit the free exercise of religion.” O’Lone v.

State v. DiFrisco

137 N.J. 434 · Supreme Court of New Jersey · Jul 27, 1994

Rather, it was an attempt once again to persuade the jury that they were uniquely qualified to focus on this particular case. … Moreover, the State maintains that any error was clearly harmless, considering the verdict sheet and the court’s poll of the jury, both of which establish that the jury unanimously found the murder-for-hire factor.

In Re Petition of Nj American Water Co.

169 N.J. 181 · Supreme Court of New Jersey · Jul 25, 2001

,]” In re Petition of Jersey Central Power & Light Co., 85 N.J. 520, 527, 428 A.2d 498 (1981), they are not immune from judicial review. … In the wake of Bell, “[t]he [BPU] has consistently permitted reasonable, nondiscriminatory charitable donations to qualify as operating expenses in a utility rate case.” N.J. Dep’t of the Pub. Advocate v. N.J.

Brosious v. Children's Place Retail Stores

189 F.R.D. 138 · District Court, D. New Jersey · Aug 23, 1999

In the instant case, the representatives’ claims and those of the class members clearly arise out of the same defendant conduct, that is, the production and distribution of allegedly false and misleading documents by the … The predominance inquiry “trains on the legal or factual questions that qualify each class member’s ease as a genuine controversy ...” Amchem Prods., Inc. v.

Mister Softee v. Mayor and Council of Hoboken

77 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Nov 14, 1962

The natural, ordinary and general meaning of terms and expressions may be limited, qualified and specialized by those in immediate association. … Newark, 131 N.J.L. 97 , the Supreme Court considered a municipal ordinance which established closing hours for all retail establishments except restaurants, drug stores, delicatessen stores, etc.

Woodworth v. Bowen

679 F. Supp. 1194 · District Court, D. New Jersey · Aug 10, 1987

To qualify for benefits, Woodworth needed thirty quarters of coverage for fully insured status (Tr. 18). … Title 42, section 405(g) of the United States Code provides the basis for this Court’s jurisdiction and establishes the limitations upon its review.

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.