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… 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 …
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… farm opportunities, birthday parties, receptions, children's farm camp," and pick-your-own events. Alstede … seasonal and part time workers ." Asdal claims, with the support of arial photos in the record, that the farm has … with the Stormwater Management Rules. Once that determination has been made and provided to 6 A-0229-21 the …
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A-70-24 Petition for Certification
Briefs
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… actions by the Township Committee and Planning Board do not support a finding of substantial impairment that is not … of the 1997 amendment explained: In the court’s view, the determination that a use is inherently beneficial requires … be able to rely on the municipal actions and guidance as support for its denial of a variance application unless …
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… the order from which leave to appeal [wa]s sought, but the supporting brief identifie[d] a municipal court order … "However, where issues on appeal turn on purely legal determinations, our review is plenary." State v. Monaco, 444 … (App. Div. 2016). "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… will be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that …
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… 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 …
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… 2 The Township filed a motion for summary judgment, but the supporting documentation contains discrepancies that …
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… it was too narrow for her to enter and exit her vehicle. In support of her application, she attached a copy of her …
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… 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 …
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… 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." …
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… 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 – …
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… State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for the PCR court's conclusion that …
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… 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 …
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… knowingly and voluntarily. Here, defendant also failed to support his claim that a mental examination and subsequent …
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… 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 …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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… not constitute excusable neglect. We also agree with her determination defendant failed to demonstrate he would suffer … from a co-defendant's car. Again, this contention lacks support in the record, which reflects the State's expert … the DNA matched defendant. We agree with the PCR judge's determination defendant failed to present any credible …
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… in the Law Division to correct an illegal sentence. In support of his motion, defendant submitted a certification …
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… in his initial submission. Here, the record fully supports the denial of defendant's application. Simply put, …
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… for reconsideration of the judge's dismissal order. In support of the motion, plaintiff provided the court with its … 398, 417 (1991). Instead, standing "involves a threshold determination of the court's power to hear the case." Id. at …