A municipal governing body has the option of funding sanitary sewer services either from general municipal revenues obtained by real estate taxes or from fees imposed upon property owners who use the sewer system. If a governing body chooses to fund its sewer system through user fees, it must comply with the mandate of N.J.S.A. 40A:26A-10 that such "fees . . . shall be

. . . uniform and equ... More...   $0 (12-01-2011 - NJ)

Plaintiffs, J.M.S. and his former wife, S.S., are the paternal grandparents of J.W., born in 1999, and T.W., born in 2001; G.S. is J.M.S.'s current wife. Defendants, J.W. and E.W., are the adoptive parents and are cousins of the children's biological mother, J.M.1

This appeal requires us to consider plaintiffs' request for grandparent visitation where (1) plaintiffs were the children's temp... More...   $0 (06-20-2011 - NJ)

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...   $0 (06-07-2011 - NJ)

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...   $0 (09-21-2010 - NJ)

Plaintiffs Monica and Kevin Moore are the parents of Koral Moore, who has Down Syndrome. Due to Monica's age, her pregnancy was considered high risk. Her doctor, defendant Lisa Vernon, M.D., practicing with defendant Woman to Woman Obstetrics & Gynecology, L.L.C., referred Monica to defendants Carlos Fernandez, M.D., and Premier Perinatal, L.L.C. (Premier). Plaintiffs filed a complaint alleging me... More...   $0 (08-21-2010 - NJ)

This appeal requires us to decide a question left unresolved in our prior opinion in this case, Massachi v. AHL Services, Inc., 396 N.J. Super. 486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides immunity to employees of defendant City of Newark's (City) 9-1-1 emergen... More...   $0 (08-04-2010 - NJ)

The issue presented by this appeal is whether a trial court may order a planning board to grant an application for a land use approval even though the court determines that there is a substantial question concerning the validity of the part of the zoning ordinance under which that approval was sought. We conclude that if a trial court hearing an action challenging a planning board's decision ... More...   $0 (07-21-2010 - NJ)

In this appeal, we consider the validity of the National

Arbitration Forum's (NAF) Rule 4.1 The rule requires a person

injured in an automobile accident to demonstrate "immediate and

irreparable loss or damage" when seeking emergent medical

services disputed by a personal injury protection (PIP) insurer.

Plaintiff ... More...   $0 (03-25-2010 - NJ)

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...   $0 (02-19-2010 - NJ)

This is an appeal by defendant DuPont Chambers Works from the denial of its post-trial motions after a jury awarded DuPont's former employee, plaintiff John Seddon, $724,000 as compensatory damages and $500,000 as punitive damages, based upon the jury's finding of a violation of plaintiff's rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The entire amount of ... More...   $0 (02-24-2010 - NJ)

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...   $0 (11-09-2009 - NJ)

This appeal, which comes before the Court as of right based on the opinion of the dissenting Appellate Division judge, requires the Court to interpret the provisions in the New Jersey Cemetery Act of 2003, N.J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically, this dispute, between a decedent's surviving spouse and children about his fin... More...   $0 (09-18-2009 - NJ)

This case concerns insurance coverage for costs associated with bringing undamaged portions of a damaged structure up to current construction code standards. Defendant Greater New York Mutual Insurance Company (GNY) appeals from two trial court orders dated May 13, 2008 and May 28, 2008, granting summary judgment to its insured, plaintiff DEB Associates, and awarding damages. We affirm, ba... More...   $0 (06-01-2009 - NJ)

The Highlands Act provides for the regulation of development and land use planning in the Highlands Region, consisting of nearly 800,000 acres in eighty-eight municipalities located in parts of seven counties in north and central New Jersey. The Highlands Act creates two areas within the Region: a preservation area, in which further development is strictly regulated, and a planning area, in which ... More...   $0 (12-09-2008 - NJ)

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCAâ€�) and its related county organizations, the Legislature decreed that the Depart... More...   $0 (07-30-2008 - NJ)

Petitioners are former employees of Johnson & Johnson. They allege that Johnson & Johnson discriminated against them on the basis of their race. Petitioners attempted to certify a class of plaintiffs that encompassed any African- American or Hispanic employee of Johnson & Johnson or any of its United States subsidiaries who was employed at any time during an approximately ten-year period. Th... More...   $0 (04-22-2008 - NJ)

Plaintiffs, several residents of Hamilton Township ("the Township") and a watershed preservation advocacy group, seek to invalidate numerous use and bulk variances the Township's Zoning Board of Adjustment ("the Board") granted to a developer, Crestwood Construction, LLC ("Crestwood" or "the developer"). The variances authorized Crestwood to build on a 10.9-acre site a mixed-use project... More...   $0 (01-10-2008 - NJ)

The issue on this appeal is the enforceability of a restrictive covenant in an employment contract for professional services by a licensed psychologist. Plaintiff Comprehensive Psychology Systems, P.C., a corporation which provides professional neuropsychological service to individuals under the trade name LifeSpan, appeals from an order of the Chancery Division which denied its application... More...   $0 (02-11-2005 - NJ)

After substantially all of the issues in this matrimonial case were resolved, but prior to the completion of the extended trial of the child support and related counsel fee issues, defendant husband was discharged from his high-income employment position. The trial court found sufficient income from the parties' unearned income for the child support award and prorated child support on the basis... More...   $0 (02-02-2005 - NJ)

This appeal presents several issues concerning qualification for Medicaid benefits for a spouse who requires care in a nursing facility while the other spouse remains in the community. We consider a regulation adopted by the State Medicaid agency to control allegedly abusive use of annuities to shelter marital assets. Petitioner challenges the regulation that allows the purchase of an annuity b... More...   $0 (01-11-2005 - NJ)

This appeal, which is before us as of right based on a dissent in the Appellate Division, Rule 2:2-1(a)(2), involves the meaning of the term "aggravated circumstances" in N.J.S.A. 30:4C-11.3(a), the existence of which excuses the Division of Youth and Family Services ("DYFS") from providing statutorily required reasonable efforts at family reunification. Also implicated is the question of what... More...   $0 (03-24-2004 - NJ)

Because of the scientific uncertainties inherent in pinpointing the onset and course of progressive environmental injury, traditional liability insurance contract language did not resolve the question of when an "occurrence" takes place in that context. In Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437 (1994), we adopted the continuous-trigger theory, which posits that such injury o... More...   $0 (03-24-2004 - NJ)

Defendants the New Jersey Department of Education ("NJDOE"), Jeffrey Osowski, Barbara Gantwerk, and Melinda Zangrillo (collectively "State Defendants") appeal from the order of the United States District Court for the District of New Jersey denying their motion to dismiss. We must determine whether the State Defendants are entitled to constitutional immunity from plaintiff A.W.'s claims ... More...   $0 (08-19-2003 - NJ)

The State presented the testimony of two und... More...   $0 (07-08-2003 - NJ)

Plaintiff, Janusz Dziewiecki, was seriously injured in a swimming pool diving accident. He sued his hosts, Wieslaw and Elizabeth Bakula, the pool's installer and distributor, Grobels, Inc. (Grobels), and the pool's manufacturer, Fox Pools, Inc. (Fox). Plaintiff asserted a negligence cause of action against the Bakulas. He also asserted products liability and breach of warranty causes of action ... More...   $0 (06-06-2003 - NJ)

This appeal involves interpretation of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to –129. The question is whether the MLUL authorizes a municipality to adopt a zoning ordinance that requires an applicant to seek final subdivision approval within three years of the grant of preliminary approval and any extension thereof. We conclude that adoption of such an ordinance is a valid exer... More...   $0 (04-29-2003 - NJ)

A.B. (plaintiff) and S.E.W. (defendant) were domestic partners from November 1988 to November 1996. They decided that they both would become pregnant through artificial insemination. Defendant gave birth to K.W. in April 1993. Plaintiff had participated in defendant's Lamaze classes and was in the delivery room at K.W.'s birth. The parties announced K.W.'s arrival, both in the newspaper and to fri... More...   $0 (04-01-2003 - NJ)

The dispute arises in the following context. In September 1999, Luz and Elder Vergara granted a pu... More...   $0 (03-18-2003 - NJ)

These are the relevant and undisputed facts. Plaintiff Anthony Con... More...   $0 (03-18-2003 - NJ)

We consolidate these appeals for purposes of this opinion. The appeals are from a final agency determination by the Government Records Council (GRC), which was created to carry out the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The GRC decision overturns a decision by South Brunswick Township (the Township) and provides a newspaper reporter, Kenneth Serrano, with access to a tape... More...   $0 (03-19-2003 - NJ)

Negron was a passenger in a vehicle operated by his brother- in-law, Carlos Lucena,... More...   $0 (03-06-2003 - NJ)

In this case, eight non-profit organizations of health care professionals appeal from the adoption of regulations by the Commissioner of Banking and Insurance (Commissioner): N.J.A.C. 11:3-29 Appendix, Exhibit 1; N.J.A.C. 11:3-29.4(m); and N.J.A.C. 11:3-29.4(o). Appellants argue that the Commissioner violated N.J.S.A. 39:6A-4.6 and acted outside the authority delegated to her under the statute ... More...   $0 (03-07-2003 - NJ)

The law guardian, on behalf of S.M., a minor, appeals from a judgment dated March 27, 2002: (1) awarding the Division of Youth and Family Services (Division) legal custody of S.M.; (2) awarding physical custody of S.M. to S.F., her great aunt; and (3) terminating S.M.'s weekend visitation with her foster parents, M.P. and E.P. On appeal, the law guardian argues that the trial judge: (1) viola... More...   $0 (02-20-2003 - NJ)

This appeal concerns one of a number of emerging issues arising from the Legislature's adoption of the Automobile Insurance Cost Reduction Act (AICRA), L. 1998, c. 21, signed into law by Governor Whitman on May 19, 1998, codified in amendments to this State's no fault automobile insurance laws, N.J.S.A. 39:6A-1.1 to -32, and effective for all automobile insurance policies issued on or after March ... More...   $0 (02-07-2003 - NJ)

The gravamen of this appeal is a dispute over insurance coverage. On cross-motions for summary judgment, the trial court concluded essentially that plaintiff Leonard Strulowitz did not have standing to seek enforcement of the policy issued by defendant Provident Life and Casualty Insurance Company (Provident). In so doing, the court focused on the well known tenets often applied to the interpretat... More...   $0 (02-10-2003 - NJ)

This appeal arises in the context of a workers' compensation benefitted employee's settled intentional wrong tort litigation against defendants, one of whom is unquestionably his employer and the other an apparent, but not dispositively determined, joint employer.See footnote 22 The workers' compensation carrier successfully obtained an order from the trial judge according it the benefit of the wo... More...   $0 (01-31-2003 - NJ)

In this appeal we are called upon to consider whether the County Executive of Hudson County was required to seek the advice and consent of the Board of Chosen Freeholders of Hudson County ("Freeholders") prior to making appointments to the Board of Education of the Hudson County Schools of Technology ("Board of Education"). The trial court concluded that the County Executive was required to seek ... More...   $0 (02-03-2003 - NJ)

Plaintiff appeals from the trial court's March 11, 2002 order granting the summary judgment motion of the remaining defendant,See footnote 1* Ernest M. Howard, and dismissing the complaint with prejudice. That order was entered, after an extended oral argument, for reasons expressed by Judge Daryl F. Todd, Sr. in an oral opinion. Judge Todd concluded that the requirements of Polk v. Daconceica... More...   $0 (01-21-2003 - NJ)

Defendant Robert M. Czech was the municipal clerk and administrator of the Town of Kearny. His appointment as municipal clerk was for a statutory three-year term although his appointment as administrator was at the Town's pleasure. Because a change in the political make-up of the governing body during Czech's statutory term induced him to believe that completion of his term would be counterproduct... More...   $0 (11-29-2002 - NJ)