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… "Nevertheless, 'if the complaint states no claim that supports relief, and discovery will not give rise to such a … or fails to take action, or Schutz is dissatisfied with a determination made under N.J.S.A. 40:55D- 72(a). That statute … novel constitutional questions; ' 'informal or ex parte determinations of legal questions by administrative …
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… Movements Observed by [Officer] Parisi Were Insufficient to Support the Prolonged Detention and the Order for McGhee to … of review is deferential, so long as "those findings are supported by sufficient credible evidence in the record." … v. Mann, 203 N.J. 328, 341 (2010)). When making this determination, the court should look to "what the police …
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… deference on appeal and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … its construction of a contract, appellate review of that determination is de novo." Ibid. (citing Kieffer v. Best Buy, … month of January 2024. The record supports the judge's determination. 10 A-1766-24 Upon expiration of the lease, the …
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… DEFENDANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE WAS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, … of consecutive sentences . . . ."). There was ample support in the record for the court to impose individual … reference to robbery in the carjacking statute that might support the conclusion that carjacking is simply a form of …
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… utilities. See re Petition of N.J. Am. Water Co. for a Determination Concerning Fenwick Water Tank Pursuant to … the New Jersey Board of Public Utilities (BPU) seeking a determination that municipal approvals were not 5 A-0088-24 … not be read "expansively" to prohibit the Proposed Tank. In support of its argument, NJAW relied on several dictionary …
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… does not apply retroactively to final administrative determinations adjudicated by the GRC. The subsequent Supreme … VI, §5, ¶4. Judicial review of quasi- judicial agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann,192 N.J.19, 27-28 …
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… application. The Board affirmed the Division's determination and denied petitioner's request. In addition to … petitioner's request. Petitioner appealed the Board's determination and requested an administrative hearing. She … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
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… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
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… in numerous instances where "we were unable to find supporting documentation for the asserted facts"). In Points … of that issue — especially since "defendants offered no new support for this motion that was not set forth in their … defend its insured's third-party liability to another. To support their counsel fees claim, plaintiffs rely upon Myron …
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… collectively gave him $8,000. Fuqua produced no evidence supporting this allegation, arguing that the State's delay … meaningfully prejudiced as a result of the State's delays supports the trial court's order reinstating the complaint. … of the warrants. He offers no 16 A-1253-20 evidence supporting this assertion. According to hearsay evidence …
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… any will prior to his death because he wanted all of his children to share equally in any Estate that he would … filed a motion for a new trial accompanied by a brief and a supporting certification by defendant's attorney. In the … 97 N.J. 429, 463 (1984)). However, "a trial court's determination is 'not entitled to any special deference where …
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… failure to call Cory Benning as a defense witness. In support of this argument, defendant produced certified … my own volition . . . . 2. Recently I wrote a letter to a childhood friend I grew up with, Kal S. Mitchell . . . while … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. In our view, the judge …
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… plaintiff filed an affidavit of services and documents in support of its application for attorney's fees. On March 4, … this [c]ourt affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … court accords significant deference to the trial judge's determinations of fee awards and will "disturb[] [those …
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… Estate had failed to timely file an affidavit of merit in support of its claims against the nurses. Although the trial … for summary judgment on the declaratory judgment action. In support of their position, plaintiffs submitted expert … court. Townsend v. Pierre, 221 N.J. 36, 59 (2015). [A] determination whether there exists a "genuine issue" of …
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… September 28, 2022" but NJM cites only to its complaint as support for this statement. The complaint does not contain … controversy doctrine based on the Special Civil Part's determination in its favor in the prior action between it and … followed. III. We begin by addressing the trial court's determination that NJM's claims against Lallygone were barred …
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… opposed the motion, arguing they established facts supporting their entitlement to coverage under the Business … before plaintiffs had an opportunity to develop evidence supporting their claim the virus exclusion is unenforceable … to -13, and argue the requested information may have supported their contention the virus exclusion is …
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… the swing set "was placed in an area where he could see his children and not be exposed to conditions which potentially … 8 A-0046-21 but rather maintain[ed] it for use of his children and . . . for their enjoyment." Nor could plaintiff support a claim under the LAD because "the easement [wa]s …
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… redeem the certificate and preserve the excess equity. In support of her claim that the property had a fair market … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … under subsection (f) of Rule 4:50-1 and remand for a determination by the trial court of: (1) whether Johnson has …
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… mayor stated the governing body had made a "legislative determination" to obtain the property for use as a public … together with electric vehicle charging infrastructure." In support of this allegation, the borough again relied on the … in the exercise of its power of eminent domain, that determination is presumed valid and entitled to great …