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… . in ensuring an adequate supply of marijuana"; "community support and participation"; and "ability to provide … capricious, or unreasonable, or that it lacks fair support in the record." Circus Liquors, Inc. v. Governing … with no certification and that submitted no evidence supporting their ability to qualify in the future, or their …
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… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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… VIOLATION. POINT II THE LAW DIVISION ERRED IN ITS UNSUPPORTED RELIANCE UPON THE CREDIBILITY FINDINGS OF THE MUNICIPAL TRIAL COURT AND IN FAILING TO MAKE ITS OWN DETERMINATIONS AS TO THE CREDIBILITY OF TESTIMONIAL EVIDENCE … DIVISION ERRED IN ADJUDICATING [DEFENDANT] GUILTY AS THE DETERMINATION WAS AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE. …
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… argued the cause for appellant Herbert Seif (Fox Rothschild LLP, attorneys; R. James Kravitz, of counsel and on … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … refuse to grant [Kaplan] access to the factual allegations supporting [p]laintiffs' claim. For this reason, all claims …
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… J.T.C This formal opinion shall serve as the court’s determination of a motion filed by plaintiffs Matthew Jantzen … party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review … in the recipient address and, thus, did not necessarily support a conclusion of mail delivery. Id. at 170. However, …
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… or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … (App. Div.1990). A court is never bound by an agency's determination of a purely legal issue which we review de novo. … Ibid. There was nothing improper about the DEP's determination the permit application was technically complete. …
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… We agree and affirm. There is ample evidence in the record supporting the Planning Board's approval of the C variance requested, and its determination a D variance was not required. In November 2019, … plaintiff has provided us no valid basis to reverse the determination of the trial judge upholding 144 First Holdings' …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion." The … is the man in the BOLO and surveillance footage." In support, the judge pointed out that "the State [did] not … the witness's testimony or by shedding light on the determination of a disputed factual issue." Sanchez, 247 N.J. …
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… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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… fact Ulrich thought the parking lot needed to be repaved supports plaintiff's argument as she "readily concede[d] … are 3 132 N.J. 426, 438 (1996) (setting forth that the determination of whether a duty exists requires consideration … of fact. Vincitore, 169 N.J. at 123. Nonetheless, that determination is subject to the court's preliminary assessment …
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… conservation restriction area, specifically those documents supporting the project's compliance with the CZM High-Rise … Weehawken." Included with the revised application were new supporting and revised documents prepared by Bohler, … 7:7-15.14) This application contains a single structure supporting two (2) towers, 14-stories in height and while …
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… on his observations and the data collected, he made "a determination [of] how the ultimate crash occurred . . . [.]" … case? Really?" Such considerations have no place in the determination of a mistrial motion, but we decide only whether … is entitled to a charge on a lesser included offense supported by the evidence," State v. Short, 131 N.J. 47, 53 …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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… arguments in light of the record, we reverse the court's determination that Damien violated paragraphs (k)(8) and … who requested another practitioner perform a "clinically supported" diagnostic test, id. at (b)(2), to make that … Code violations by Dr. Damien that resulted in the determination that he is required to pay back any monies paid …
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… noted defendant failed to produce any medical records to support his claim. Initially, we note that defendant's … be commenced." Hogan, 144 N.J. at 235. "Credibility determinations and resolution of factual disputes are reserved … by well-settled principles. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. Accordingly, we …
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… decision regarding the validity of a local board's determination, "we are bound by the same standards as was the … N.J. 75, 89 (2002). Courts review de novo local boards' determinations on questions 9 A-5124-13T3 of law. Wilson v. … 2009). A. There is substantial evidence in the record to support the judge's finding that the operation of an asphalt …
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… the hospital, defendant said he was upset that "he let his children 3 At trial, the parties stipulated that the phone … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… RITUALISTIC BLESSING AT DEFENDANT'S APARTMENT DOOR WITHOUT SUPPORTING TESTIMONY. POINT IX THE INSTRUCTIONS TO THE JURY … juror. State v. Kelly, 97 N.J. 178, 208-09 (1984). The determination of whether expert testimony is required and … certain experts who agreed that they could not make a determination as to whether Acosta had a condition that …
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… of that product during annual service visits. III. To support its demand for apportionment under the Act, … cross-claims are dismissed. Young, 123 N.J. at 599. This supports the proposition that, at trial, the non-settling … purposes of allocation under the Act, which requires a determination "in the form of a percentage, of each party's …