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| In re Adoption of N.J.A.C. 5:94 & 5:95 By New Jersey Council On Affordable Housing, DOCKET NO. A-1960-04T3, A-2665-04T3, A-2674-04T3, A-2706-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 25, 2007, Decided
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Overview: Certain rules of the New Jersey Council on Affordable Housing (COAH) for calculating affordable housing needs were upheld on appeal whereas the use of filtering pursuant to N.J.A.C. 5:94, Appendix A at 94-42 was invalidated as was the use of unissued data, N.J.A.C. 5:94-4.19, and COAH's failure to offset benefits.
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| In re Adoption of Uniform Housing Affordability Controls, DOCKET NO. A-2678-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 25, 2007, Decided
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Overview: The regulation of N.J.A.C. 5:80-26, which established affordability ranges for the provision of housing pursuant to the Mount Laurel doctrine, was upheld as valid since it was deemed consistent with the legislative mandate of its promulgating agency and was not arbitrary, capricious, nor unreasonable in light of the deference granted to the agency.
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| In re Fauci, D-38 September Term 2006,
SUPREME COURT OF NEW JERSEY, January 25, 2007, Filed
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| In re Gonzalez, D-37 September Term 2006,
SUPREME COURT OF NEW JERSEY, January 25, 2007, Filed
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Overview: An attorney was suspended from the practice of law for three months for violating N.J. Ct. R. Prof. Conduct 1.5 and N.J. Ct. R. Prof. Conduct 1:21-6(c)(1)(a) due to failing to safeguard funds by impermissibly allowing the use of a signature stamp on trust account checks, as well as other violations of the rules of professional conduct.
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| D.V. v. A.H., Docket No: FV-15-1432-07,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, OCEAN COUNTY, January 26, 2007, Decided
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Overview: As the custodian of a child and his biological father shared "a child in common" for purposes of N.J.S.A. § 2C:25-19(d) of the New Jersey Prevention of Domestic Violence Act, the Act applied to the custodian's request for a final restraining order against the father on grounds that he threatened and verbally abused her over the telephone.
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| In re Marin, D-39 September Term 2006,
SUPREME COURT OF NEW JERSEY, January 26, 2007, Filed
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| In re Rifai, D-46 September Term 2006,
SUPREME COURT OF NEW JERSEY, January 26, 2007, Filed
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| Psak, Graziano, Piasecki & Whitelaw v. Fleet Nat. Bank, DOCKET NO. A-6785-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 26, 2007, Decided
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Overview: A law firm's suit to recover a $ 6,000 overage mistakenly paid by check to a mortgage services corporation was barred by the three-year statute of limitations period of N.J.S.A. § 12A:4-111 since the discovery rule did not apply to the Uniform Commercial Code and the law firm waited six years to bring suit.
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