- STATE OF NEW JERSEY VS. ALTURIK FRANCIS (05-06-0707, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3297-21 Appellate Feb. 20, 2024
- SACKMAN ENTERPRISES, INC. VS. MAYOR AND COUNCIL OF THE BOROUGH OF BELMAR (L-1530-22, MONMOUTH COUNTY AND STATEWIDE) A-1102-22 Appellate Feb. 20, 2024 Summary A-1102-22 In this case the court is asked to answer three questions: first, whether a governmental body, serving as a Redevelopment Agency, is obligated to apply electric vehicle ("EV") parking credits, as required under N.J.S.A. 40:55D-66.20 ("the EV statute"), when determining a concept plan's consistency with a redevelopment plan adopted pursuant to the Local Redevelopment and Housing Law ("LRHL") (N.J.S.A. 40A:12A-1 to -89); second, under section (f) of the EV statute, when applying EV credits, how the credits are to be rounded up; and last, whether a rounded-up EV credit may reduce the total required parking by more than the ten percent limit set forth under section (e) of the EV statute. The court held that EV credits are to be applied when determining a concept plan's consistency with a redevelopment plan. Otherwise, a plan that was confirmed as consistent by the Borough would not be the same as the one to be potentially approved at time of preliminary site plan approval. The court also concluded that when applying EV credits to the total number of calculated spaces and that number includes any decimal, based on the plain language of the statute, the calculation must be rounded up to the next whole parking spot. However, also based on the plain language of the statute, the court rejected the contention that a rounded-up EV credit can reduce the total required parking by more than the ten percent limit set forth under section (e) of the EV statute, which is more specific than section (f) and therefore controls. Applying these principles, the court affirmed the Law Division's denial of plaintiff's motion for summary judgment and grant of defendant's cross-motion for summary judgment. Close
- STATE OF NEW JERSEY VS. T.N. (21-08-0428, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0128-23 Appellate Feb. 20, 2024
- STATE OF NEW JERSEY VS. SHAWN DOOLEY (16-02-0630, ESSEX COUNTY AND STATEWIDE) A-0236-22 Appellate Feb. 20, 2024
- WESTFIELD AREA YMCA, ET AL. VS. THE NORTH RIVER INSURANCE COMPANY, ET AL. (L-2584-20, UNION COUNTY AND STATEWIDE) A-1910-21 Appellate Feb. 21, 2024
- PETER C. GEARY VS. LAINIE F. GEARY (FM-20-0911-13, UNION COUNTY AND STATEWIDE) A-3054-21 Appellate Feb. 21, 2024
- STATE OF NEW JERSEY, ETC. VS. 3.723-ACRES OF LAND IN THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, ETC. (L-3077-17, OCEAN COUNTY AND STATEWIDE) A-0608-22 Appellate Feb. 21, 2024
- STATE OF NEW JERSEY VS. GABRIEL L. GREENE (22-0001, CAMDEN COUNTY AND STATEWIDE) A-0836-22 Appellate Feb. 21, 2024
- IN THE MATTER OF THE CIVIL COMMITMENT OF A.E. (MNCC-000047-23, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1667-22 Appellate Feb. 21, 2024
- GMAT LEGAL TITLE TRUST 2013-1, ETC. VS. CARMELO A. ORTIZ, ET AL. (F-003185-18, ATLANTIC COUNTY AND STATEWIDE) A-1886-22 Appellate Feb. 21, 2024
- DCPP VS. A.P. AND D.S-R., IN THE MATTER OF THE GUARDIANSHIP OF S.L.P.S. (FG-12-0040-22, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2701-22 Appellate Feb. 21, 2024
- STATE OF NEW JERSEY VS. DAISHON I. SMITH (21-08-1004, MONMOUTH COUNTY AND STATEWIDE) A-0291-23 Appellate Feb. 21, 2024 Summary A-0291-23 In this appeal the court addresses whether an entire county prosecutor's office must be recused from a criminal prosecution when the county prosecutor has a personal, disqualifying conflict. The court holds that so long as the prosecutor has been completely screened from and has no oversight of the matter, the prosecutor's office should not be disqualified. Accordingly, the court affirms the trial court's order denying defendant's motion to disqualify the entire Monmouth County Prosecutor's Office from continuing to prosecute defendant and multiple co-defendants in this criminal matter. Close
- STATE OF NEW JERSEY VS. KEVIN LAMBERT (19-05-0749 AND 21-06-0523, MIDDLESEX COUNTY AND STATEWIDE) A-0864-21 Appellate Feb. 22, 2024
- STATE OF NEW JERSEY VS. MICHAEL ROWEK (21-016, MORRIS COUNTY AND STATEWIDE) A-2507-21 Appellate Feb. 22, 2024
- IN THE MATTER OF S.D., ETC. (NEW JERSEY CIVIL SERVICE COMMISSION) A-2844-21 Appellate Feb. 22, 2024
- THOMAS A. FREDELLA, ET AL. VS. TOWNSHIP OF TOMS RIVER, ET AL. (L-3198-17, OCEAN COUNTY AND STATEWIDE) A-3196-21 Appellate Feb. 22, 2024
- STATE OF NEW JERSEY VS. JOHN L. WILLIAMS (21-07-0852, OCEAN COUNTY AND STATEWIDE) A-3310-21 Appellate Feb. 22, 2024
- DCPP VS. C.B. AND T.B., IN THE MATTER OF L.A.B. (FN-13-0084-21, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0044-22 Appellate Feb. 22, 2024
- STATE OF NEW JERSEY VS. ANDRE L. WHEELER (19-01-0012, 21-01-0015, AND 21-04-0341, HUDSON COUNTY AND STATEWIDE) A-0617-22 Appellate Feb. 22, 2024
- SERGEANT FIRST CLASS BARRY SAUL (#5315) VS. STATE OF NEW JERSEY DIVISION OF STATE POLICE, ET AL. (L-0783-19, MERCER COUNTY AND STATEWIDE) A-0647-22 Appellate Feb. 22, 2024