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| A.A. ex rel. B.A. v. Attorney General of New Jersey, A-104 September Term 2005,
SUPREME COURT OF NEW JERSEY, January 24, 2007, Decided
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Overview: Mandatory DNA testing of convicted offenders under the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. §§ 53:1-20.17-20.28, was constitutional as applied to juveniles, whether under or over age 14, and expungement when the juvenile reached the age of majority was not necessary to preserve the Act's constitutionality.
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| Doyal v. New Jersey Dept. of Environmental Protection, DOCKET NO. A-4839-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 24, 2007, Decided
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Overview: New Jersey Department of Environmental Protection properly denied a property owner's application for permit to fill wetlands, as New Jersey Freshwater Wetlands Protection Act, N.J.S.A. §§ 13:9B-1 to -30, did not authorize permit for filling wetland that was part of surface water tributary system, regardless of whether system was non-tidal or tidal.
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| Ghandi v. Cespedes, DOCKET NO. A-1637-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 24, 2007, Decided
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Overview: Suit was dismissed for lack of prosecution because plaintiff's counsel neglected to file a motion for default judgment. Fact that plaintiff did not move to restore case to trial calendar under R. 1:13-7(a) until 15 months after dismissal did not justify denying motion, as defendants had not objected to reinstatement and were ready to file answer.
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| Housing and Redevelopment Authority of the Tp. of Franklin v. Mayo, DOCKET NO. A-3630-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 24, 2007, Decided
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Overview: That five unauthorized persons vacated a tenant's federally subsidized apartment two days before an eviction trial began was not grounds for dismissing a housing authority's complaint under the New Jersey Anti-Eviction Act, N.J.S.A. § 2A:18-61.1 et seq.; any cure had to address and remediate the lengthy period of unauthorized lodging.
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| New Jersey Builders Ass'n v. New Jersey Council on Affordable Housing, DOCKET NO. A-4531-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 24, 2007, Decided
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Overview: Though New Jersey Council on Affordable Housing did not produce records requested by trade association within seven business days, as the request did not specifically identify the documents sought, as required by N.J.S.A. § 47:1A-5(f), § 47:1A-5(i)'s deadline did not apply. Therefore, the association's request for counsel fees was properly denied.
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| State v. O'Hagen, A-70 September Term 2005,
SUPREME COURT OF NEW JERSEY, January 24, 2007, Decided
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Overview: As mandatory DNA testing of convicted persons under the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. §§ 53:1-20.17-20.28, extended beyond ordinary law enforcement and presented a "special need" justifying privacy intrusions absent individualized suspicion, requiring defendant to provide a DNA sample did not violate Fourth Amendment.
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