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- njcourts.gov… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …
- A-2988-14T1 Opinionnjcourts.gov… counsel's] application is premature. There has been no determination by this [c]ourt or a finder of fact that there … is clear to us that he implicitly applied these criteria to support his decision. Thus, the judge found plaintiffs had … § 1983 because the trial judge did not make "a final determination on the merits holding that defendants engaged in …
- A-2047-15T1 Opinionnjcourts.gov… facts were presented during the suppression hearing, to support defendant's December 24, 2013 arrest. The State … belief defendant was engaged in criminal activity was supported by the testimony of Officers Fesi and Ramirez, …
- A-2785-14T2 Opinionnjcourts.gov… State drew heavily from Clark's and the CI's testimony in support of its argument defendant distributed the subject … crack cocaine sold to the CI, but the record does not support this claim. Clark voiced an opinion consistent with …
- 002870-2018, 002215-2019 Opinionnjcourts.gov… This opinion following trial shall serve as the court’s determination concerning the challenge by plaintiff, Plaza … comparable rents. The Municipal Assessor made a value determination of $27-$28 per square foot for the entire … was based on a property class mischaracterization but supported his argument with subjective evidence which the …
- 04521-2012 Opinionnjcourts.gov… are based on the certifications and exhibits submitted in support of and in opposition to the motion. EGDC, a New … ingress, egress, and parking lots for” the HPI Parcels. In support of its argument, Rutherford emphasizes that Section …
- A-4587-16T4 Opinionnjcourts.gov… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
- A-0128-16T3 Opinionnjcourts.gov… to the alleged dangerous condition on the premises. In support of his argument, plaintiff cites Monaco v. Hartz … for maintenance and repair of the demised premises. In support of that contention, plaintiff relied upon the …
- A-2484-15T1 Opinionnjcourts.gov… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
- A-4829-16T4 Opinionnjcourts.gov… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
- A-1113-18T2 Opinionnjcourts.gov… gunpowder has been deposited. Muzzle to Garment Distance Determination, Vt. Forensic Laboratory, … https://vfl.vermont.gov/content/muzzle-target-distance-determination (last visited Feb. 25, 2020). If any gunshot … discovery of all evidence that the State has gathered to support its charges. Id. at 252 (citing R. 3:13-3). In …
- A-2235-16T1 Opinionnjcourts.gov… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
- A-3280-15T1 Opinionnjcourts.gov… use of the 3DMax. Rather, the court held plaintiff's proofs supported the mere possibility, rather than a reasonable … found that plaintiff provided insufficient evidence to support the negligent warning claim. In order to establish a … requisite knowledge, training and experience to reach a determination relative to the standard of care absent expert …
- A-0599-20T6 Opinionnjcourts.gov… or tasks. Many of those involved his new role as the children's primary caretaker, as he had lost his job and his … that his compliance with release conditions for over a year supported further relaxation of the conditions, which he … purpose of this proceeding" as it related to "credibility determinations that must be made by a jury." The court …
- A-5064-17T3 Opinionnjcourts.gov… of regulation, [which] preserves the Legislature's determination to effect a broad delegation of enforcement … expertise of the agency." Id. at 192. The cases did not support preempting the court from addressing the kind of … or common law claims in Superior Court. Our conclusion is supported by the Attorney General, who, through the Division …
- A-1261-19 Opinionnjcourts.gov… mortgage equitably subrogated to first lien position. In support of its motion, plaintiff submitted the certification … a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with … we conclude that the judge’s factual findings are amply supported by the record and his legal conclusions are …
- A-5637-18 Opinionnjcourts.gov… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
- A-4086-19 Opinionnjcourts.gov… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
- A-4581-19 Opinionnjcourts.gov… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-2192-19 Opinionnjcourts.gov… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …