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… presented a topographical problem because hoop houses are commonly constructed on level ground. As a result, Quaker … its soil -- described as “prime” soil -- which has the ingredients to produce a wide variety and high yield of crops. In … irremediably degraded are disputed facts and, for support, points to what it considers to be competing opinions offered …
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… because his vehicle had three operable taillights, in compliance with the requirements of N.J.S.A. 39:3-61(a) and … stop the vehicle and because the stop was lawful under the “community caretaking” function by which police officers … on the relevant question, we would note, as the State points out, that the Legislature did at one point begin …
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… response to an OPRA request.” One month later, Paff filed a complaint and order to show cause in the Superior Court, Law … is also the records custodian) violated both OPRA and the common law right of access. Paff sought an order compelling the Township to release the requested fields of …
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… a box, a cigarette box, and a letter from an insurance company addressed to Amir Randolph (defendant) at a … judge simply reminded the jurors to use their “own good common sense, consider the evidence . . . and give it a … States Constitution. Lamb, supra, 218 N.J. at 313-14. The points of departure between federal and state concepts of …
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… prosecutor abused his discretion in denying a waiver was to compare the facts of his case to the facts of other similar … a weapon for an unlawful purpose, and the State agreed to recommend that he be sentenced as a third-degree offender. The … Act is a legislative intent to deter individuals from committing firearm-related crimes by calling for a mandatory …
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… OPRA’s exemption for security information. Gilleran filed a complaint in the Law Division seeking the requested footage under OPRA and the common law right of access. Gilleran argued that the camera … the Township leave to appeal. 223 N.J. 402 (2015). HELD: Compelling release on demand of security surveillance video …
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… have a constitutional right to an impartial and mentally competent tribunal. Jury irregularity, including sleeping, … the issue of whether he was denied his right to be tried by competent jurors. Although defendant failed to identify the … denied, 151 N.J. 466 (1997), where the court suggested remedies for the problem of a sleeping juror and “defense …
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… In this appeal, the Court considers the Limited Liability Company Act (LLCA) and the circumstances under which … authorizes the expulsion of a member of a limited liability company (LLC). This appeal arises from a conflict among the … claimed that Instrumentation Engineering owed him and his companies $2,543,318. As Instrumentation Engineering’s …
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… Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … complaint, holding that the Supreme Court and the ethics bodies that it established have exclusive jurisdiction over … Director, after consultation with the committee chair, appoints a Secretary for each DEC. R. 1:20-3(c). Secretaries …
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… find beyond a reasonable doubt that a defendant actually committed the prior offense before that evidence may receive … beyond a reasonable doubt that the defendant actually committed the prior offense. Having determined that the … presented clear and convincing evidence that the defendant committed the offense. The judgment of the Appellate …
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… the jury to disbelieve their testimony because they did not come forward and give their accounts to police at the scene. … to give their accounts to the officers at the scene. The combination of the trial court’s erroneous evidentiary … argument that the family members testified falsely about coming forward to the police, the jury was entitled to …
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… purchased the property at issue here (the property), a commercial warehouse located next to the existing church. In … building, electric, and fire inspections remained incomplete, and no certificate of occupancy had been issued as … no error in declining to find actual use. The City also points out that the continuing exempt character theory of …
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… and damaging Sun’s facility. Sun brought a single-count complaint under the CFA in federal court alleging that Fike … to govern different conduct and to provide different remedies for such conduct. There is thus no direct and … to fraud and 3 misrepresentation and provides unique remedies intended to root out such conduct. Although the Court …
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… of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … confessed to all three robberies and implicated purported accomplices, including defendant Raymond Daniels, who Fairley … defense are clearly indicated by the evidence. Defendant points to State v. R.T., 205 N.J. 493 (2011), as further …
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… Township of Ocean (Township) is a largely rural-suburban community bordered by the Pinelands National Reserve and … to the doctrine of exhaustion of administrative remedies. Relying on the Court’s decision in Pheasant Bridge … McGuckin and Christopher J. Dasti, on the briefs). Peter H. Wegener argued the cause for respondents (Bathgate, Wegener …
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… Act (TCCWNA), N.J.S.A. 56:12-14 to -18. USLSG moved to compel arbitration based on the arbitration provision in the … service contract. The trial court granted USLSG’s motion to compel arbitration and dismissed the complaint without … CFA and the TCCWNA, both of which explicitly provide remedies in a court of law. See N.J.S.A. 56:8-19 (“Any person …
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… Perez v. Zagami, LLC (A-36-12) (071358) [NOTE: This is a companion case to Cottrell v. Zagami, LLC also filed today.] … actions under the CRA. In support of its argument, Zagami points to the general structure of the CRA. Zagami asserts … that the CRA was intended to address potential gaps in remedies available under New Jersey law but not cognizable under …
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… extrinsic evidence including legislative history and committee reports. (pp. 12-13) 2. The refusal statute … That amendment was prompted by a Motor Vehicle Study Commission report recommending enhanced penalties for … rather than the refusal statute. In particular, the State points out that in Ciancaglini, the Court addressed whether …
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… dropped the packet. Patrolman Buss then asked defendant to come into the manager’s office located at the back of the … of guilt and not as proof that she had a propensity to commit crimes. The jury found defendant guilty of … the substance in the baggie as cocaine did not evidence her commission of a crime. At a minimum, this evidence was …
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… curb, and crashed through a fence into a field, ultimately coming to rest on a mound of dirt. Parker got out of the car … grounds for reversal. (pp. 12-16) 2. Here, the outcome of the trial hinged almost entirely on witness … of the false names evidence was error. Because the outcome of the trial depended on the jury’s credibility …