Case law

Democratic National Committee v. Republican National Committee

671 F. Supp. 2d 575 · District Court, D. New Jersey · Dec 1, 2009

Moreover, it is well-established that the First Amendment applies only to state actions. Cent. Hardware Co. v. … The Court noted that, although the challenges were clearly merit less, they still might result in the disenfranchisement of qualified voters: [I]t is the procedural effect of Eaton’s challenges that raises the issues here

Resnick v. East Brunswick Township Board of Education

77 N.J. 88 · Supreme Court of New Jersey · Jul 11, 1978

Under the procedures established by the Board, a qualified association seeking to use the public school facilities submits an application directly to a local school administrator. … Our cases simply do not support the notion that a law found to have a "primary" effect to promote some legitimate end under the State's police power is immune from further examination to ascertain whether it also has the

Graham v. NJ Real Estate Com'n

217 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Apr 27, 1987

The licensing law was designed to place all aspects of the real estate business in the hands of qualified, licensed brokers and salespersons and to exclude the incompetent from the profession in order to protect the public … The amendment to N.J.S.A. 45:15-9 clearly serves that end.

In re Kessler Memorial Hospital

154 N.J. Super. 147 · New Jersey Superior Court Appellate Division · Nov 14, 1977

Clearly, Kessler’s concern that emergency patients would not receive the immedate attention they need by such staff physicians was not an unfounded one. … When the emergency patient arrives at the emergency room, he needs immediate attention from a qualified physician. Any dela}'’ in the delivery of such services may result in death or other consequences of magnitude.

Chamber of Commerce of the United States v. State

89 N.J. 131 · Supreme Court of New Jersey · May 3, 1982

This holding is in keeping with the now well-established policy enunciated by Justice Jacobs in Crescent Park Tenants Ass’n v. Realty Eq. … If the burden is clearly excessive in relation to the local interest, the statute will be declared invalid.

Fields v. Trustees of Princeton University

28 N.J. Tax 574 · New Jersey Tax Court · Nov 5, 2015

It is firmly established within the body of law related to tax exemptions that “[t]he burden of proof is upon him who asserts a tax exemption to establish the asserted right.” Jamouneau v. … it qualifies for property tax exemption under applicable law, given the more compelling public policy concern here that “all property shall bear its just and equal share of the public burden of taxation.”

State v. State Troopers Fraternal Ass'n.

134 N.J. 393 · Supreme Court of New Jersey · Dec 20, 1993

We observed in Dunellen that that strong qualifying language “clearly precluded any expansive approach” to the negotiability of terms and conditions of public employment, 64 N.J. at 31, 311 A.2d 737 , especially where the … with the Court’s more restrictive view of the statutory duty to negotiate grievance procedures and with PERC’s ruling to the extent that it would have allowed binding arbitration of disciplinary determinations: But I would qualify

BARNES v. COUNTY OF MERCER

District Court, D. New Jersey · Nov 7, 2023

Moving Defendants are entitled to qualified immunity because their conduct towards Plaintiff was objectively reasonable, 7. … Ann. § 59:1-1, et seq., or in the alternative, Plaintiff’s claims are subject to the limitations and defenses established therein; 10. Plaintiff has failed to comply with the requirements of N.J. Stat.

Chemical Bank New York Trust Co. v. Kingsley

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.

YOUNG v. MONMOUTH COUNTY

District Court, D. New Jersey · Jan 31, 2025

’ civil rights claims against Defendants without prejudice, the Court does not reach the issue of qualified immunity raised in the County Defendants’ motion to dismiss. … The purpose of the NJTCA was to “re-establish[] sovereign immunity” and provide “broad immunity protection for public entities” and employees. Ogborne v. Mercer Cemetery Corp., 197 N.J. 448, 457-59 (2009).

State v. Rosenberg

144 N.J. Super. 326 · New Jersey Superior Court Appellate Division · Jul 13, 1976

In Miller the Supreme Court abandoned the requirement established earlier in Memoirs v. Massachusetts, 383 U. S. 413 , 86 S. Ct. 975 , 16 L. … [I] had not considered at least some of the additional points raised by defendants herein, although clearly the court there placed a “limiting construction” on the statute.

OCEAN COUNTY CELLULAR TELE. CO. v. Tp. of Lakewood Bd. of Adjustment

352 N.J. Super. 514 · New Jersey Superior Court Appellate Division · Jun 3, 2002

The positive criteria require that "special reasons" for granting the variance be established. Sica, supra, 127 N.J. at 156 , 603 A. 2d 30 . … Indeed, during the hearings Board members found Comcast's witnesses to be highly qualified.

Hale v. Lawrence

21 N.J.L. 714 · Supreme Court of New Jersey · Jul 15, 1848

remark that a citizen of a foreign state has a constitutional and legal right to come into our courts and prosecute his suits, if within their jurisdiction, and when he does so, he is entitled to the same privileges and immunities … The act charged as an injury was committed in the state of New York, and the justification sought to be established is set up under a statute of that state.

ANTOINETTE MARRA VS. HOPATCONG SENIOR CENTER (L-0250-18, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 26, 2019

On appeal, defendants argue plaintiff's motion for leave to file a late notice of tort claim should have been denied because she failed to establish extraordinary circumstances in accordance with the New Jersey Tort Claims … The TCA's "guiding principle" is that "immunity from tort liability is the general rule and liability is the exception." Ibid. (quoting D.D., 213 N.J. at 134).

Legge Ind. v. Kushner Hebrew Acad.

333 N.J. Super. 537 · New Jersey Superior Court Appellate Division · Jul 27, 2000

defined, clearly understandable to the public and the industry, and clearly limited to specified amounts so as to cause the least interruption to construction activities and cash flow; 10. to permit the continued reliance … defined, clearly understandable to the public and the industry, and clearly limited to specified amounts so as to cause the least interruption to construction activities and cash flow; 10. to permit the continued reliance

Cutler v. Borough of Westwood

295 N.J. Super. 344 · New Jersey Superior Court Appellate Division · Nov 27, 1996

The language only clearly and unambiguously supports Cutler's reading if we ignore the subordinate clause completely. … is automatically acquired by everyone at the first moment of work in the fifth consecutive year, then tenure would always be acquired " on ... the commencement" of the fifth year and there would be no one left who could qualify

Gray v. Director, Division of Taxation

28 N.J. Tax 28 · New Jersey Tax Court · May 5, 2014

The first was a Qualified Personal Residence Trust (“QPRT”), and the second was a Grantor Retained Unitrust (“GRUT”) (reference to both trusts hereinafter is “Jochman Trusts”). … N.J.S.A. 54:34-1.1 clearly applies only to transfers when the transferor is entitled to some income, right, interest, or power in the transferred property.

Trustees of the Local 478 Trucking & Allied Industries Pension Fund v. Pirozzi

198 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Dec 22, 1983

Having established the requisite duty, there was no question that there had been a breach. … The court further qualified the Willy standard by imposing a requirement that the cause of action arising from the duty be one nonexistent at common law.

Alpha Painting & Construction Co. v. Delaware River Port Authority of Pennsylvania

208 F. Supp. 3d 607 · District Court, D. New Jersey · Sep 23, 2016

These sections, when fairly read both independently and in context of the bid package as a whole, clearly address instances in which the bidder commits a mathematical error of some kind. … DRPA did not refute the evidence that Alpha is qualified and capable of performing the work required of the Phase II project.

J.Q. v. Washington Township School District

92 F. Supp. 3d 241 · District Court, D. New Jersey · Mar 13, 2015

Although Plaintiffs do not assert claims under the IDEA, Defendant nevertheless contends that the IDEA’S exhaustion requirement applies because Plaintiffs seek relief which is available under the IDEA, as established by the … Such claims clearly relate to Defendant’s obligation to provide a FAPE.