Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...    $0 (01-14-2018 - NJ)

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...    $0 (08-16-2016 - NJ)

A jury found defendant Robert Goodwin guilty of second
degree insurance fraud, N.J.S.A. 2C:21-4.6. In doing so, the
jury necessarily concluded that defendant knowingly made or
caused to be made false statements of material fact concerning
an insurance claim for damage to his girlfriend’s sport utility
vehicle (SUV). The heart of the State’s case was that defendant
fa... More...    $0 (01-20-2016 - NJ)

A jury found defendant Robert Goodwin guilty of second
degree insurance fraud, N.J.S.A. 2C:21-4.6. In doing so, the
jury necessarily concluded that defendant knowingly made or
caused to be made false statements of material fact concerning
an insurance claim for damage to his girlfriend’s sport utility
vehicle (SUV). The heart of the State’s case was that defendant
fa... More...    $0 (01-19-2016 - NJ)

In this inverse condemnation action involving a property in a redevelopment zone, plaintiff appeals from a judgment in favor of defendant following a bench trial.1 Judge Michael Winkelstein found plaintiff's failure to file a redevelopment application for its property precluded its inverse condemnation claims and purported comments by individual municipal officials that no building permits would b... More...    $0 (05-18-2012 - NJ)

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.... More...    $0 (08-10-2011 - 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)

Plaintiff Yaakov Abdelhak appeals from a Law Division order that dismissed his defamation complaint against defendants, The Jewish Press, Inc., Oleg Rivkin, Richard Scharlat and Gabrielle Tito, for lack of subject matter jurisdiction, pursuant to Rule 4:6-2(a). The judge concluded that plaintiff's claims could not be resolved without excessive entanglement by the court and jury in issues of religi... More...    $0 (12-31-2009 - 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)

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such re... More...    $0 (04-09-2009 - NJ)

The City of Long Branch, New Jersey sued Frances DeLuca on an eminent domain theory seeking to acquire her home by condemnation for inclusion in the city's Beachfront North Phase II redevelopment zone project. Commissioners appointed by the Court awarded DeLuca $750,000. She claimed the property was worth $1.2 million.... More...    $650000 (03-20-2009 - NJ)

The Long Branch, New Jersey sued Bruce MacCloud on an eminent domain theory seeking to acquire by condemnation a Victorian style house owned by MacCloud to make way for a massive redevelopment project. The City paid MacCloud $140,000 for the property but he demanded $630,000. MacCloud objected to the taking claiming that it was an abuse of the power of eminent domain. ... More...    $220000 (09-27-2007 - NJ)

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N.J. Super. 224 ... More...    $0 (07-07-2004 - NJ)

In these consolidated condemnation cases, we are called on to determine whether a trial court may enter an order in an eminent domain proceeding that preserves a governmental condemnor's ability to bring a separate cost-recovery action against a condemnee for cleanup of contamination and if so, whether that order also may bar the condemnee from later raising the preclusionary defenses of res ... More...    $0 (07-14-2003 - NJ)

The primary issue presented by this appeal is whether a condemnor may consider the presence of environmental contamination in valuing the subject property or must value the property as if it were uncontaminated and bring a separate action for costs of cleanup under applicable environmental statutes. We conclude that environmental contamination is relevant to a valuation of property and therefor... More...    $0 (12-11-2002 - NJ)

Plaintiffs Marie B. Fox, Robert L. Keller, and their partnership, Buck Mountain Associates, brought this inverse condemnation action against the defendant Township of West Milford claiming that the Township's ordinance that vacated the public interest in roads running through their property left it landlocked and consequently deprived them of any reasonable use. Following a lengthy trial on liabi... More...    $0 (01-22-2003 - NJ)

Condemnation of frontage from motel that resulted in the taking of 18 parking spaces and an art deco sign. The city offered defendant only $115,000 claiming that the loss of the parking was illegal and noncompensable.... More...    $2000000 (11-21-2002 - NJ)

Condemnation action by Middlesex County Improvement Authority to acquire 812 acres of pasture and woodlands owned by the Bank of China to maintain open space in the county. The County offered $6.83 million for the property. The Bank of China claimed that the land had a fair market value of between $15.6 and $18 million.... More...    $12100000 (07-31-2002 - NJ)

The primary issue presented by this appeal is whether a condemnor may consider the presence of environmental contamination in valuing the subject property or must value the property as if it were uncontaminated and bring a separate action for costs of cleanup under applicable environmental statutes. We conclude that environmental contamination is relevant to a valuation of property and therefore a... More...    $0 (12-12-2002 - NJ)

In this appeal we must determine whether a municipality's proposed condemnation of private property constituted a valid exercise of its eminent domain power. Plaintiff Township of West Orange (Township or West Orange) sought condemnation of approximately one-half acre of property owned by defendant 769 Associates, L.L.C. (769 Associates or defendant) for use as a dedicated public street. Defendant... More...    $0 (06-24-2002 - NJ)

The issue in this case involves the rates of interest to be applied from the date of filing of the condemnation complaint less credit for the monies deposited. Plaintiff, Township of West Windsor ("Township"), appeals the Law Division's award of pre- and post-judgment interest to defendant condemnee, Yvette Nierenberg ("Nierenberg"),See footnote 11 calculated on the prime rate compounded annually,... More...    $0 (12-13-2001 - NJ)

In this condemnation action, the property owner, 222 West Associates ("222 West"), appeals from the granting of summary judgment to plaintiff, the City of Trenton ("City"), valuing the property with a four and one-half story height limitation rather than the nine-story height contained in the preliminary approval. The subject property, which contains a structure known as the Roebling Mansion, is l... More...    $0 (05-13-2002 - NJ)

Plaintiff East Cape May Associates, a limited partnership, owns approximately 100 acres of undeveloped land in the City of Cape May, New Jersey. Most of the property is freshwater wetlands, and both the State and East Cape May agree that it is of "exceptional resource value," a statutory designation which subjects the property to heightened protection against development. N.J.S.A. 13:9B-7, -10c; s... More...    $0 (07-25-2001 - NJ)

These three appeals require us to determine the validity of a comprehensive local ordinance governing summer rentals at a shore community. Plaintiffs United Property Owners Association of Belmar, an association of approximately eighty property owners in Belmar, and three of its constituent members Nicholas Zampetti, Laura Gifford and John Roland (collectively plaintiffs), brought an action against... More...    $0 (07-16-2001 - NJ)