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njcourts.gov
… to provide the Keystone Parties with an Affidavit of Merit supporting its claims. Keystone argues that since 5 …
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njcourts.gov
… and plaintiff's harm, plaintiff must present evidence to support a finding that defendant's negligent conduct was a …
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njcourts.gov
… as well as address critical housing needs, both of which support important statewide objectives. The statute is … principles applicable to exemption/abatement determinations. Because they represent a departure from the …
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njcourts.gov
… we will 'not "engage in a strained construction to support the imposition of liability" or write a better …
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njcourts.gov
… and balancing of aggravating and mitigating factors are supported by adequate evidence in the record and that the …
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njcourts.gov
… and '. . . uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… Division, Cape May County, Docket No. L-0223-23. Fox Rothschild LLP, attorneys for appellant (Michael J. Malinsky, … capricious, or unreasonable. We conclude the trial court determination that the law-of-the-case doctrine barred … on November 1, 2022, finding the Board's decision was not supported by substantial evidence, and was arbitrary, …
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njcourts.gov
… DPW regarding work on the tree at 3 In his certification in support of motion, plaintiff's counsel averred on December … See Brown v. Brown, 86 N.J. 565, 580 (1981). However, a determination of palpable unreasonableness, "like any other …
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A-78-24 Reply Brief
Briefs
njcourts.gov
… CORPORATION’S AND ELIZABETH URTECHO’S REPLY BRIEF IN SUPPORT OF THEIR PETITION FOR CERTIFICATION BEATTIE … twice, after the 600-foot restriction took effect. These determinations, which demonstrate the plain departure from the … framework that is the MLUL since the completeness determination, in addition to triggering the TOA Rule, also …
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njcourts.gov
… be addressed as whether the "Board can make a threshold determination of jurisdiction." Ultimately, the Board … provisions and plain 15 A-0810-24 language of the MLUL supports the trial court's determination that the application is complete. We affirm the …
njcourts.gov
… defendant's admission, the Law Division found the evidence supported a finding beyond a reasonable doubt that defendant … N.J. 2, 17 (2018)). We owe no deference to those legal determinations. State v. Handy, 206 N.J. 39, 45 (2011) ("[A]ppellate review of legal determinations is plenary." (citing Manalapan Realty, L.P. v. …
njcourts.gov
… a traffic analyst, and a planner . They all testified in support of granting the application. Consequently, a third … writs shall be commenced: 9 A-0305-24 [T]o review a determination of a planning board or board of adjustment, or a … novel constitutional questions,' 'informal or ex parte determinations of legal questions by administrative …
njcourts.gov
… because the complaint set forth sufficient allegations to support a claim; (2) by dismissing the complaint pursuant to … to encourage comprehensive and conclusive litigation determinations, avoid fragmentation of litigation, and promote …
njcourts.gov
… requirements of the community caretaking doctrine were not supported here. Hence, the fruits of the stop, including the …
njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … . . . 'extraordinary circumstances' undefined." Ibid. A determination of what constitutes "extraordinary …
njcourts.gov
… true value. They then moved for summary judgment. In support of the same, they certified that when they contacted … favorable to the non- moving party, the court finds the unsupported assertions of an uncorrected under-assessment and …
njcourts.gov
… not confined by the pleadings in making a jurisdictional determination. Carteret Sav. Bank v. Shushan, 954 F.2d 141, … principal place of business are both Michigan, the record supports a finding that TTI maintained an office in Florham …
njcourts.gov
… a new one. We accordingly affirm the Appellate Division’s determination that Hudson applies retroactively as consistent … that has always been part of the sentencing code. In support of that position, defendant emphasizes this Court’s …
njcourts.gov
… intent to distribute heroin, the factual basis he gave in support of his guilty plea was insufficient to sustain his 4 … deference.”). Because the trial court is not making determinations such as the credibility of witnesses, which …
njcourts.gov
… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …