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- A-2504-18 Opinionnjcourts.gov… which she analyzed five "incidents" defendant cited to in support of his argument to disqualify the MCPO and to … decision turns on a legal question, we review that determination de novo, without deference to the trial court's … grand jury's independence and improperly influence[s] its determination.'" Id. at 561 (alterations in original) (quoting …
- A-2029-20 Opinionnjcourts.gov… to adopt the Redevelopment Plan despite the Board's determination that it was inconsistent with the Master Plan.1 … and capriciously rejected the Planning Board's initial determination. The second count sought the same relief, … planner and the memorandum of the Township Planner supporting its determination[,]" its decision was not …
- A-5415-15T3 Opinionnjcourts.gov… defects, such as water infiltration or mold, logically support the application of the continuous-trigger doctrine. … attribution analysis would require a defendant-specific determination of when each defendant reasonably could have … the most pivotal aspect of this appeal, namely the determination of when the property damage due to water …
- A-1603-19 Opinionnjcourts.gov… 208 (2011). Chief Justice Rabner's unanimous opinion is supported by social science studies compiled by a Special … Wakefield, 190 N.J. at 437–38. That conclusion is supported by the fact that defense counsel offered no …
- A-3434-19 Opinionnjcourts.gov… is made of tough fibrous tissue and cartilage. This tissue supports the joints between the end of the forearm bones … claims). We also disagree with the motion judge's determination to reject the opinions of Dr. Arginteanu and Dr. … lacks . . . foundation and consists of bare conclusions unsupported by factual evidence is inadmissible as a net …
- A-3436-19 Opinionnjcourts.gov… and personnel unless a [judge] concludes that the determination of the public entity was palpably unreasonable. … v. Josey, 83 N.J. 49, 59-60 (1980). These discretionary determinations include decisions such as what roads should be … pothole repairs, Janiec confirmed such repairs were unsupported by work records. 14 A-3436-19 II. The County …
- A-4859-14T1 Opinionnjcourts.gov… evidence, the prosecutor essentially testified, without any support, that the video showed the two vehicles about which … it to confirm witnesses' statements; however, no evidence supported the assertion that it was used to confirm R.S.'s …
- njcourts.gov… towel was equivalent to the heaviest bag, a conclusion not supported by the testimony. The chemist tested and weighed … based on speculation——not a clear inference——and is unsupported by our caselaw. Assessing the evidence and the … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; accord N.J.R.E. …
- A-1161-15T2 Opinionnjcourts.gov… R. 4:40-1. "[I]f, accepting as true all the evidence which supports the position of the party defending against the … ISRA defined a "No further action letter" as: a written determination by the [NJDEP] that, based upon an evaluation of … of "Response action outcome" letter as a written determination by a licensed site remediation professional that …
- A-4491-15T2 Opinionnjcourts.gov… struggle. [(Emphasis added).] This video recording does not support a definitive identification of defendant as a … motion to sever, he provided the following explanation in support of his ruling: The test for determining whether …
- A-1441-17T3 Opinionnjcourts.gov… in connection with an appeal from the trial court's determination of that proceeding, [a] court of equity has the … thus no legal impediment to preclude us from making this determination as part of this appeal. 6 John Campbell, vice … approvals – at $4,185,000. Home's appraisal, submitted in support of its February 5 motion, 15 A-1441-17T3 calculated …
- A-2040-17T4 Opinionnjcourts.gov… [m]unicipal [e]ngineer of the Township . . . shall make a determination with respect [to] such dispute and such determination shall be conclusive and binding upon the parties … exists, a court may consider extrinsic evidence to support the conflicting interpretations. Conway v. 287 Corp. …
- A-2220-17T4 Opinionnjcourts.gov… second time in August 2013. These specifications further support that the lathes were specialized and complex. Maruka … 2013 letter, refusing to accept the machine. Those facts support the result here. See All the Way Towing, 236 N.J. at …
- A-0057-14T2 Opinionnjcourts.gov… RECKLESS MANSLAUGHTER, WHEN THE EVIDENCE BELOW DID NOT SUPPORT OR SUGGEST A CONVICTION UNDER THAT INCLUDED OFFENSE. … Fungone, 134 N.J. Super. 531, 534-36 (App. Div. 1975), in support 15 A-0057-14T2 of his argument that once a jury is … State v. Farrow, 61 N.J. 434, 451 (1972)). Such a determination can only be reached so as to require the …
- A-48-19 Opinionnjcourts.gov… are always “recreational or social activities.” Determination of 3 whether a non-compulsory activity is a … 243 (2014) (quotation omitted). We also disagree with the determination that Goulding does not meet the two-prong … disability benefits as of the date of her injury. In support of her claim, Goulding provided a certification from …
- A-45-19 Opinionnjcourts.gov… The Appellate Division upheld the Commissioner’s determinations. 459 N.J. Super. 111, 140-49 (App. Div. 2019). … Jersey Public Charter Schools Association and New Jersey Children’s Foundation (Duane Morris, attorneys; Paul P. … (Board of Education), which now operates the District and supports ELC’s position, and to several other organizations. …
- A-82-16 Opinionnjcourts.gov… challenging the Board’s decision is not pertinent to the determination here of standing under the MLUL. Nor is it … judgment, and submitted a statement of material facts in support of their motion. They argued, in part, that Cherokee … Board’s approval.” In affirming the Chancery Division’s determination, the panel found that Linden 587 lacked standing …
- A-39-14 Opinionnjcourts.gov… Division exceeds the limits of Rule 3:13-3(b) and is not supported by this Court’s jurisprudence. 1. An accused has a … to prove or disprove any fact of consequence to the determination of the action. The State’s discovery obligation … disclosure of his identity is essential to assure a fair determination of the issues. The State has legitimate concerns …
- A-31-13 Opinionnjcourts.gov… ten years without an infraction. The legislative history supports the Court’s construction. The Senate Judiciary Committee Statement indicated the Legislature’s determination that “any” second offense and “any” third … State urges the Court to affirm the Appellate Division determination. It argues that the Legislature did not intend …
- A-20-12 Opinionnjcourts.gov… search, arguing there was insufficient probable cause to support the issuance of the search warrant and the police … discern no basis to depart from our previously expressed determination in Hudson that the prohibition against the … merger of certain counts or for a statement of reasons to support a consecutive term. Id. at 353. The circumstances of …