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njcourts.gov
… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
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njcourts.gov
… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
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njcourts.gov
… acquisition negotiations in a Federal Project and/or determination of the fair market value of the property rights … grounds collectively invoked by the Borough and the DEP supporting their non-disclosure of the draft appraisals. … to acquire the property would be through litigation. To support such litigation, the government had the subject …
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njcourts.gov
… 99 (App. Div. 2006). In addition, a trial court's factual determination on a speedy trial issue "should not be … maintains his sentence was excessive, but the record supports the findings challenged on appeal. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
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njcourts.gov
… Ed. 2d 241 (2016). We defer to the trial court's findings supported by sufficient credible evidence in the record, … them." State v. W.B., 205 N.J. 588, 602 n.3 (2011). The determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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njcourts.gov
… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
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njcourts.gov
… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …
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njcourts.gov
… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … with a de novo review of the trial court's initial determination that the protections of the Statute do not apply … In particular, defendant challenges the trial court's determination that his actions in resisting the pat-down …
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njcourts.gov
… our interpretation. Early versions of the statute give some support to plaintiff's cause. In 1868, the legislation … history and the PCAA's many amendments that would support this result. Indeed, the new amendments to the PCAA …
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njcourts.gov
… of action for slander of title; and the fee award was not supported by the record. The judge tried counts one and two … did not establish a slander of title claim that would support the entry of summary judgment against plaintiff. …
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njcourts.gov
… resolution (the Resolution) denying the application was supported by the evidence and was not arbitrary, capricious, … site is reconcilable with the municipality's legislative determination that the condition should be imposed on all … under a (d)(3) analysis. The Board's findings were fully supported by the record. Plaintiff clearly did not satisfy …
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njcourts.gov
… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
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njcourts.gov
… seven, her lack of criminal history. We review sentencing determinations under a deferential standard. State v. Grate, … (5), and (9). The court adequately identified the facts supporting each of those aggravating factors. The court then … activity, prior to the [i]ndictment." That finding is also supported by adequate evidence in the record. The trial …
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njcourts.gov
… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
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njcourts.gov
… 6 A-2053-19 The letter explained that: The Division's determination is based upon a decision handed down [o]n … WORK SHOULD NOT DISQUALIFY HIM FROM PERS. POINT IV: THE DETERMINATION BY PERS TO INCLUDE [HAMILTON'S] POST-RETIREMENT … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. Thus, on appeal, our …
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njcourts.gov
… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … have faded due to the passage of time." The County did not support its arguments with certifications or other legally …
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njcourts.gov
… recognized the Complex's governing documents "in part" supported plaintiffs' argument that they were not liable for … judge further determined discovery was not necessary "to support the validity of such expenses." The motion judge …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … both probable cause and an objective exigency is simply not supported by the record. We accept Detective Souto and other …
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njcourts.gov
… purpose other 5 A-1868-17T4 than those used exclusively to support the agricultural and horticultural operations of the … other than that which is solely used for and needed to support the agricultural and horticultural activities … the examination and cross-examination of witnesses, and determinations grounded 16 A-1868-17T4 on competent and …