Filters
- njcourts.gov… waived when the party failed to include any arguments supporting the contention in its brief). A-0603-21 10 of … Tax 85, 92 (Tax 1980)).] We start our analysis with a determination of whether plaintiffs' claims, although couched … of taxation. Our interpretation of plaintiffs' claims is supported by the well - established premise that monetary …
- A-1342-21 - JOSEPH BERARDO VS. CITY OF JERSEY CITY, ET AL. (L-0324-21, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… Section 105 permits any individual to request a determination of significance from the City's Historic … who owns a circa-1900 building in Jersey City, sought a determination of significance before applying for a demolition … the ZBA's resolution was 11 A-1342-21 "defective," "unsupported by the evidence," and ZBA failed to "turn square …
- A-3359-21 – STATE OF NEW JERSEY VS. DELSHON J. TAYLOR JR. (18-07-0257, SALEM COUNTY AND STATEWIDE) Opinionnjcourts.gov… [p]rosecutor's [o]ffice." The court concluded the State's determination to not grant the Graves waiver was not a patent … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when "those findings are supported by sufficient credible evidence in the record."'" …
- njcourts.gov… or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … 402 N.J. Super. 587, 597 (App. Div. 2008). "Where the determination of the operational facts is committed to the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Utley v. Bd. of …
- njcourts.gov… loss doctrine, and there is insufficient evidence to support Enclave’s breach of contract claims. Elite also … preclude subsequent claims: Except for the arbitrator’s determination itself, any such determination shall not be considered final in any legal …
- njcourts.gov… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" (quoting … to any other method, form or amount of compensation or determination thereof than as provided in this article"). … ("The complaint should be laid alongside the policy and a determination made as to whether, if the allegations are …
- Presentment - Corradino, Dolph G. ACJC Documentsnjcourts.gov… of the record, the Committee makes the following findings, supported by clear and convincing evidence, which form the … monies if he had filled out the appropriate form is not supported by the evidence. In fact, the record is devoid of … compensable event under the DWI Fund Guidelines, as that determination is vested in the Assignment Judge. Importantly, …
- njcourts.gov… of law by attorneys and logically should guide any determination whether an attorney providing legal services to … to a client because that context matters greatly in the determination of personal intent. Lawyers should be able to … the legal representation of a client when a complaint can support allegations that the lawyer’s conduct fell outside …
- njcourts.gov… Swan cited Rumbauskas v. Cantor, 138 N.J. 173 (1994), for support and characterized Rumbauskas as having “quoted … 2. Chipola argues that subsequent case law on this question supports his interpretation, claiming that McGrogan v. Till, … 199, 203 (App. Div. 2007). We likewise review de novo a determination that a cause of action is barred by a statute of …
- njcourts.gov… underpinning the initial and continued protective custody determinations. In December 2021, SID received notice of an … is 'arbitrary, capricious or unreasonable or [] is not supported by substantial credible evidence in the record as … making, we perceive no reason to disturb the DOC's determination. Again, the Legislature declared the DOC is …
- njcourts.gov… 2 The Township filed a motion for summary judgment, but the supporting documentation contains discrepancies that …
- njcourts.gov… it was too narrow for her to enter and exit her vehicle. In support of her application, she attached a copy of her …
- STATE OF NEW JERSEY VS. FRANK FARINA (90-09-4367, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… AGGRAVATING FACTOR [FIVE] WAS IMPOSED WITHOUT THE SUPPORT OF COMPETENT AND CREDIBLE EVIDENCE IN THE RECORD. … to our decision. In Comer, our Supreme Court recognized "children are constitutionally different from adults for … where society draws the line for many purposes between childhood and 9 A-1201-22 adulthood.'" 249 N.J. at 600 n.10 …
- njcourts.gov… and zero . . . against and one . . . abstention a determination was made that the application was substantially … 58 N.J. Super. 542, 548 (App. Div. 1959)). Given our determination to reverse the trial court's order, despite the … did not apply, the record contains sufficient evidence to support the Board's denial of the Cole application." …
- njcourts.gov… unrepresented in these proceedings, are all Martha’s stepchildren; that is, they are the issue of Harvey’s marriage … of completely exhausting the same)” for Martha’s “health, support, and 3 maintenance [in her] accustomed manner of … and the claim for her removal turns not on the bare and unsupported allegation that Martha kept James in the dark – …
- STATE OF NEW JERSEY VS. JEAN LEACH-LOUIS (01-07-1867, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for the PCR court's conclusion that …
- njcourts.gov… the record, there is sufficient evidence in the record to support the PCR judge's 7 A-0580-23 finding that "defendant … PCR court, we conclude that assertion to be unfounded and unsupported. Moreover, a review of the plea-hearing transcript …
- STATE OF NEW JERSEY VS. JESSE SANTANA (13-11-3234, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… knowingly and voluntarily. Here, defendant also failed to support his claim that a mental examination and subsequent …
- STATE OF NEW JERSEY VS. THOMAS CROSS (95-08-2755, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Legislature's 2020 enactment of mitigating factor fourteen supports his contention his sentence is illegal. Defendant … requirement "that a sentencing judge 'take into account how children are different, and how those differences counsel … in N.J.S.A. 2C:44- 1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
- njcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …