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- njcourts.gov… Planning Board (Dasti Murphy McGuckin Ulaky Koutsouris & Connors, attorneys; Gregory P. McGuckin, of counsel; Kelsey … 11 A-5767-17T4 In that planning boards also have the power to grant variances under N.J.S.A. … We determined a planning board has the discretionary power under N.J.S.A. 40:55D-51(a) to grant relief from any …
- BRENDA HOPPER VS. LEXUS OF EDISON, ET AL. (L-3162-18, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Plaintiff "chose not to retain" the vehicle and executed a power of attorney in GEICO's favor permitting it to obtain … claim with GEICO within days of the accident and executed a power of attorney in favor of GEICO. GEICO then controlled …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … The Legislature has delegated to municipalities the power to regulate local land use through the MLUL, N.J.S.A. … is not in compliance, planning boards also have the power to grant variances under N.J.S.A. 40:55D-70(c), …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … so expressly, and by 'explicitly' granting that agency the power to 'award damages in private matters.'" Ibid. (quoting … said to be exclusive when the remedy which the agency is empowered to grant is the only available remedy for the given …
- A-33-23 Reporters Committee for Freedom of the Press and 7 Media Organization Briefsnjcourts.gov… v. TOWNSHIP OF CHATHAM and GREGORY LaCONTE, in his official capacity as Records Custodian, … in Plaintiffs-Petitioners’ Brief, the public has a powerful interest in access to body-worn camera footage in … shooting-police-video-released/73636102007/. According to the video footage examined and published …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appealed. I. On appeal, plaintiff presents the following points for our consideration: POINT I THE MOTION COURT ERRED … and proximate causation; and (4) damages." Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 …
- STATE OF NEW JERSEY VS. WHEN PIGS FLY, LLC (15-11-19, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … than restrictions on use, enacted pursuant to the zoning power, including, for example, requirements as to lot size, … 13 A-1376-20 heard oral arguments. WPF raised the following points in its trial de novo appeal: (1) that the hangars at …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Plaintiffs sought specific performance, damages, or "the appointment of a receiver, referee or similar arm of the Court … N.J. 517, 534, 536–39 (2011) (noting trial court's inherent power to revise its interlocutory rulings at any time before …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … He also contended his sentence was excessive. Defendant's appointed PCR counsel filed a supplemental brief explaining … benefits, 15 A-2455-20 including the truth-revealing power which the opportunity to cross-examine bestows.'" …
- njcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-1991-15T1 TEN WEST CONDOMINIUM OWNERS' ASSOCIATION, INC., Plaintiff-Appellant, … on to find (referring to promissory notes): But I think the point is made that there is-- and of course, the [c]ourt is … acting as a manager. [N.J.S.A. 42:2C-30.] Nevertheless, the power to look beyond the corporate form is well established. …
- STATE OF NEW JERSEY VS. DAYSHAWN MINGO (21-01-0111, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following contentions: POINT I A NEW SUPPRESSION HEARING IS REQUIRED BECAUSE THE … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following arguments for our consideration: [POINT] I [THE] ADMINISTRATIVE APPEAL SHOULD HAVE BEEN … policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following contentions: POINT I THE MOTION COURT ERRED IN RULING THAT THE … in unlawful activity. State v. Elders, 192 N.J. 224, 247 (2007). Similarly, the police may stop a motor vehicle based …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … student at Stockton State University. He appeals, arguing: POINT I [DEFENDANT]'S CONVICTION WAS BASED UPON EVIDENCE … 300, 313 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)), and we discern no basis to upset the denial of …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was only a passenger in the car, defendant's counsel pointed to evidence in the record that the passenger side … See State v. Gaither, 396 N.J. Super. 508, 514 (App. Div. 2007). Finally, we reject defendant's argument that his PCR …
- STATE OF NEW JERSEY VS. KENNETH TORRES(11-06-0538, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… February 9, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior Court of New Jersey, Law … Office of the Courts Directive # 4-07 (May 16, 2007). Each of the eight subject jurors was specifically … referenced, unduly prejudicing him. Defendant further pointed out because of the court's earlier ruling, he was …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … front wore a red shirt, a white jacket, and dark pants. He pointed a handgun at Rios, demanding Rios's wallet and cell … Id. at 426 (citing State v. Elders, 192 N.J. 224, 244 (2007)). No deference is owed to the trial court's …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and mitigating factors. Fermin raises the following issues: POINT I – THE STATE'S CONTROLLED DANGEROUS SUBSTANCE … N.J.R.E. 402; State v. Williams, 190 N.J. 114, 122-23 (2007). Relevant evidence may be excluded by the trial court …
- A-37/38-23 Appellate Division Brief State Of New Jersey Fuquan Knight Briefsnjcourts.gov… : __________________________ On Appeal from a Judgement of Conviction entered in the Superior Court, Law Division, … Facts.....................................1 Legal Argument Point I Mr. Osbourne’s Wade hearing testimony was properly … State v. Figueroa, 190 N.J. 219 (2007)........................18 State v. Fuentes, 217 N.J. …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … In the car were two men Gonzalez did not know. At one point, without any provocation, defendant hit one of the men … contradictory." Ibid. (quoting Ways, 180 N.J. at 189). "The power of the newly discovered evidence to alter the verdict …