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- A-5637-18 Opinionnjcourts.gov… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
- A-4086-19 Opinionnjcourts.gov… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
- A-4581-19 Opinionnjcourts.gov… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-1984-20 Opinionnjcourts.gov… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
- A-2073-20 Opinionnjcourts.gov… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …
- A-1937-19 Opinionnjcourts.gov… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
- A-3349-19 Opinionnjcourts.gov… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
- A-0252-19T1 Opinionnjcourts.gov… filed a motion to dismiss on July 15, 2019, which was supported by a certification from defendant's business … contentions. We "review[] de novo [a motion judge's] determination of [a] motion to dismiss under Rule 4:6-2(e). … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" …
- A-3625-18T2 Opinionnjcourts.gov… did not fall under any excluded categories of employees. In support of its petition, the Chapter provided certifications … 73, 150 N.J. 331, 352 (1997). As for administrative determinations, such as those pertaining to the scope of … We apply the same standard to a clarification of unit determination. Prof'l Ass'n of N.J. Dep't of Educ., 64 N.J. at …
- 002870-2018, 002215-2019 Opinionnjcourts.gov… This opinion following trial shall serve as the court’s determination concerning the challenge by plaintiff, Plaza … comparable rents. The Municipal Assessor made a value determination of $27-$28 per square foot for the entire … was based on a property class mischaracterization but supported his argument with subjective evidence which the …
- 04521-2012 Opinionnjcourts.gov… are based on the certifications and exhibits submitted in support of and in opposition to the motion. EGDC, a New … ingress, egress, and parking lots for” the HPI Parcels. In support of its argument, Rutherford emphasizes that Section …
- A-5251-16T3 Opinionnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
- 008649-2016 Opinionnjcourts.gov… Maria Gatta, LLC’s challenge to a sales tax audit determination.1 For the 1 There was also a “spin-off” audit of … 186 (Tax 2006)). A naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at …
- A-1723-17T4 Opinionnjcourts.gov… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
- A-0037-17T3 Opinionnjcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
- A-5036-14T2 Opinionnjcourts.gov… been tainted." R.D., supra, 169 N.J. at 559. To make that determination, the court must consider "the gravity of the … Defendant believes raising the inference of retaliation unsupported by the record was an attempt to bolster the … victim was shot in the middle of a crowd. The determination this act requires deterrence is well founded. …
- A-1610-14T3 Opinionnjcourts.gov… because our Legislature has made a public policy determination that what she did on October 31st, 2008, … contract that she must be imprisoned. This public policy determination that prison is mandatory is indeed finally all … the second to defendant, was both eminently reasonable and supported by the record. The judge did not shirk from …
- A-4801-17T1 Opinionnjcourts.gov… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
- A-4708-18T1 Opinionnjcourts.gov… into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant submitted his trial counsel's … and fact, [appellate courts] give deference . . . to the supported factual findings of the trial court, but review de …
- A-5644-18 Opinionnjcourts.gov… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …