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… cross-moved for summary judgment. In the brief submitted in support of their cross-motion, defendants indicated they … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, …
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… Later that year, the Town moved for summary judgment. In support, the Town argued because the time permitted to … and against the enactment nor review the wisdom of any determination of policy which the legislative body might have … novel constitutional question, there were no ex parte determinations of legal questions by administrative officials, …
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… diminished capacity defense, the court found it was "weakly supported" and a "highly unlikely and implausible defense." … Div. 2020) ("We review [a PCR court's] legal and factual determinations de novo" when it did not conduct an evidentiary … acted recklessly, as he was not asked to make that determination. While the doctor conceded that his report never …
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… sentence. The panel determined that the record did not support the finding of aggravating factor one. Judge Susan … will continue to determine whether credible evidence supports the finding of aggravating and mitigating factors … as the leader of the conspiracy,” the record did not support the finding of aggravating factor one -- that …
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… roadside statement, which influenced the jury’s determination as to defendant’s credibility.” 232 N.J. 289 … later, with counsel present. Additional facts in the record support defendant’s claim that she had permission to enter … roadside statement, which influenced the jury’s determination as to defendant’s credibility.” 232 N.J. 289 …
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… the study on which plaintiffs’ experts relied for their determination of the prodrome was very small and not … was a “conclusion-driven” attempt to cherry-pick evidence supportive of their opinion while dismissing better forms of … a reviewing court owes “somewhat less deference” to determinations regarding expert testimony. Id. at 196-97. The …
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… of the [main] building to new car sales, service and support.” 7 The court was not furnished with the franchise … of McGuire Auto Group’s “business decision and not a determination as to the functional utility or viability of the … under a negotiated contract are not applicable to the determination of the subject property’s market value. …
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… project: Ari Ben-Yishay and Norman Mais. Both individuals supported the Bensi Venture with loans and investments. … intended LLCs to other purposes, including financial support of other entities in the Bensi Venture and … cash flow shortages. However, none of these loans were supported by promissory notes. Further compounding cash flow …
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… and regional affordable housing need.” Id. at 30. The determination of municipal affordable housing obligations … II”), and as has been confirmed in this case, fair share determinations are the most time-consuming and difficult part … and opinions sufficient to discourage even the staunchest supporters of Mount Laurel. The problem is capable of …
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… And Actions, The Officers' Subsequent Search Was Unsupported By Probable Cause, Requiring Suppression. D. Even … a written notice of the warnings. 15 A-3500-19 The determination of the voluntariness of a custodial statement … 133 N.J. 631, 654 (1993). We see no reason to disturb the determination to admit defendant's statements. III. Next, …
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… sublimits to specific types of damages. Thus, Altru Health supports the conclusion that the $500,000 debris removal … a court should not ‘engage in a strained construction to support the imposition of liability’ or write a better … The Property Coverage Form and General Conditions further support our reading. Both Section B.2.a. of the Property …
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… analysis, required officials to seek a search warrant supported by probable cause to get access to telephone … is sufficient to safeguard the privacy rights at stake. For support, the Attorney General traces the evolution of … rights, that the law in other jurisdictions does not support sustaining a warrant requirement, and that the …
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… because critical evidence was withheld from the jury that supported his third-party-guilt defense. Hannah has … occurs when an error or violation played a role in the determination of guilt. (pp. 33-37) 3. In a criminal case, the … be ascribed to strategy; that the Appellate Division’s determination on direct appeal that N.J.R.E. 803(c)(25) …
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… New Jersey Constitution require that search warrants be “supported by oath or affirmation” and describe with … knew the phones contained provide ample support for that determination. This was no fishing expedition. (pp. 40-41) 8. … of Criminal Defense Lawyers of New Jersey (Fox Rothschild, attorneys; Matthew S. Adams, Jordan B. Kaplan, …
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… seizure jurisprudence and whether its factual findings are supported by the record. Legal 2 matters are reviewed de … findings are entitled to deference and must be upheld when supported by sufficient credible evidence in the record. … the Federal and State Constitutions. Essential to that determination are two intertwined issues: whether the trial …
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… to Garcia, in addition to defendant and Marcus, three young children and defendant’s mother, Karen Marcus, were in the … required to uphold the trial court’s factual findings when supported by sufficient credible evidence, reversing only … courts should reverse only when the trial court’s determination is “so clearly mistaken ‘that the interests of …
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… appraiser to the sale price of his comparable are supportable; and plaintiff’s provision for entrepreneurial … site’s maximal productivity was decided by “use which would support the highest land value.”6 As improved, he opined the … the Subject has 6 There was no analysis of which use “would support the highest land value.” 7 been successfully …
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… for-profit activities and should be taxed. The motion was supported by depositions of several of plaintiff’s employees … in the Grove, Sunday Worship in the Great Auditorium, Children and Teen activities, Christian education, performing arts (including children’s shows/plays and musical shows such as Songs on a …
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… to value the Subject and used the market approach only to support those value conclusions (the City having filed … noted, his value conclusions under the cost approach were supported by the unadjusted sale prices of the following … to its sales price (and thus, can influence the determination of the Subject’s value), should be addressed. …
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… not point to any industry standard, code or publication to support his opinion. Milito admitted that he had not … was not equal to Tyvek was his personal opinion and not supported by any literature on the subject or the applicable … plaintiff argues that it presented sufficient evidence to support this claim. Plaintiff relies upon the deposition …