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njcourts.gov
… comprehensive opinion found insufficient evidence to support the charges against Mignone, with one exception. The … agreement would not significantly interfere with the determination of governmental policy.'" Cty. of Atl., 230 N.J. … any public employer or majority representative, to make a determination as to whether a matter in dispute is within the …
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njcourts.gov
… pattern. Based on our review, the record does not support the Law Division judge's "finding that [the Board] … "is not bound to accept the testimony of the expert, its determination must be made on a rational and reasonable … did not summarize their testimony and made no credibility determinations. Staigar's testimony stands in direct conflict …
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njcourts.gov
… GUILT WAS THE ONLY DEFENSE PRESENTED, AND BECAUSE THE FACTS SUPPORTING THAT DEFENSE WERE CLEARLY INDICATED IN THE … and that exigent circumstances justified their entry. In support of this analysis, the Union County judge cited to … suppression motions embody a mixture of factual and legal determinations, and the significance, under search-and- …
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A-3339-22 Briefs
Briefs
njcourts.gov
… v INDEX TO APPENDIX (CONT’D) Defendant’s Brief in Support of Motion to Suppress1 (Exhibits Omitted) … his wife was battling cancer at the home and his young grandchildren were there. In response, officers threatened that … to make what was, in effect, their own probable cause determination that the car contained contraband in Lakewood …
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A-0036-23 Briefs
Briefs
njcourts.gov
… Certification of Christopher M. Hohn, with Exhibits in support of Motion for Reconsideration … ...........Pa302 Excerpt of Defendants’ Memorandum in support of Motion for Reconsideration … New Jersey Supreme Court made abundantly clear that “the determination of whether to grant a comity stay or dismissal …
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A-0056-23 Briefs
Briefs
njcourts.gov
… COMPLAINT PLEADS SUFFICIENT FACTS THAT IF ACCEPTED AS TRUE, SUPPORTS VALID CLAIMS AGAINST DEFENDANTS UNDER THE … Complaint Pleads Sufficient Fact that if Accepted As True, Supports a Cause of Action under the ERA. (Pa377-Pa378). … COMPLAINT PLEADS SUFFICIENT FACTS THAT IF ACCEPTED AS TRUE, SUPPORTS VALID CLAIMS AGAINST DEFENDANTS UNDER THE …
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A-3290-22 Briefs
Briefs
njcourts.gov
… Pa9-10 Written opinion in support of Order Entering Judgment for Award of Attorney’s … 25a-26a Plaintiff’s Letter Brief in Support of Notice of Motion for Judgment Awarding Attorneys … 27a-41a Certification of David C. Ricci, Esq., in Support of Plaintiff’s Notice of Motion for Judgment …
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njcourts.gov
… found that the video recording of the buccal swab did not support defendant's allegations of coercion, and he failed … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … when imposing an appropriate sentence following a jury's determination of whether defendant is eligible for a …
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njcourts.gov
… MISCONDUCT ON SUMMATION BY MAKING COMMENTS WITHOUT SUPPORT IN THE RECORD AND MISREPRESENTING THE KEY DISPUTED … reversible misconduct by repeatedly making comments without support in the record. 4 A-1374-22 POINT III THE FRESH … A-1374-22 Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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njcourts.gov
… to go in the ocean . . . ." except that certain charitable children's organizations were allowed free access to the … the court concluded that the trial record adequately supported a finding that the Murphys had "exercised the … right-of-way. Plaintiff sought to "enforce the judicial determination as to the ownership of the strip of property in …
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A-3857-23 Briefs
Briefs
njcourts.gov
… 5 3. Plaintiff’s Reply Brief in Support of Plaintiff’s Motion for Class Certification … of any 1 Exhibit 4 to the Certification of Yongmoon Kim in Support of Plaintiff’s AMENDEDFILED, Clerk of the Appellate … N.J. Super. 98, 111 (App. Div. 2007) (trial court’s legal determinations relevant to class certification are reviewed de …
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A-3934-23 Briefs
Briefs
njcourts.gov
… that the 2019 Approval Expired because of the Denial is Unsupported by the Record. (T2/14:17-16:25.) 13 c. The 2019 … and in disregard of circumstances." Id. While the factual determinations 'of a planning board are presumed to be valid, … in the Extension Resolution. Without having made any such determination on the record, and indeed vehemently declined to …
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njcourts.gov
… rendered a warrantless search under Witt improper lacked support. The court next addressed John's Law and police's … in original). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 … of the circumstances standard applies to probable cause determinations because probable cause is a "fluid …
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njcourts.gov
… Bard, Inc., was denied a fair trial by the trial court’s determination that defendant could not present 510(k) … trials. First, we consider whether the trial court’s determination that defendant C.R. Bard, Inc.,2 could not … Barbee, implanted Bard’s Align Transobturator Urethral Support System (“Align TO”) to treat her SUI, and the …
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njcourts.gov
… his inspection, the contractor temporarily erected two 4x4 support posts connecting the upper and lower decks and … house until both decks could be replaced. Those temporary support posts were still present when Bastian and Furey's … Bastian and Furey's property, O'Donnell noted the temporary supports erected on the neighbors' deck in 2013, the rust …
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A-1639-22 Briefs
Briefs
njcourts.gov
… AN ADEQUATE WATER QUALITY MANAGEMENT PLAN CONSISTENCY DETERMINATION (Aa001). . . . . . . . . . . . . . . . . . . . . … . . . . . . . . . . . . . . . . . . . . 28 C. DEP Failed to Support Its Finding that Riparian Zone Impacts Have Been … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue.” Del. Riverkeeper …
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A-0953-23/A-0977-23 Briefs
Briefs
njcourts.gov
… a development that would replace the Belmar Inn. That supported Steck’s testimony. [5T 117:7-19]. Many other … The Resolution does not explain the specific rationale that supports that conclusion. FILED, Clerk of the Appellate … N.J. 366, 378 (1995). A court is not bound by an agency's determination on a question of law. See, e.g., Reich v. Fort …
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njcourts.gov
… , permanent/year-round residents, likely with fewer children such that the school system would not be burdened; … from [an] economic point of view." Public commenters who supported the proposed development felt it was the only way … Himeji, LLC, 214 N.J. 263, 284 (2013). A board's factual determinations are entitled to "great weight" and should not …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo v. Cnty. … the grand jury to engage in significant credibility determinations." State v. Evans, 352 N.J. Super. 178, 197 … no basis for disturbing the trial court's well-reasoned determination. As the court noted, the State's theory of the …
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njcourts.gov
… praised the attorney defendants. It resolved: “The Council supports the actions of attorneys Surenian, Wunsch, Trautner … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … party in a civil action, and if there is a judicial determination at any time during the proceedings or upon …