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| Raab v. Borough of Avalon, DOCKET NO. A-6028-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 30, 2007, Decided
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Overview: A cause of action against a governmental defendant to recover the value of the real property taken by inverse condemnation was held to be governed by the provisions of N.J.S.A. § 2A:14-1, and must be filed within six years from the date of accrual. Therefore, the property owners' 2002 suit was time barred since it accrued on April 29, 1965.
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| Panetta v. Equity One, Inc., A-2/3 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 1, 2007, Decided
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Overview: In a consolidated suit alleging fraud and seeking specific performance against a bank, it was held that a riparian grant was a conveyance in fee simple of real property and, as such, without specific mention in a deed or other evidence that the parties intended its inclusion, a riparian grant did not pass as appurtenant to another distinct parcel.
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| Triffin v. TD Banknorth, N.A., A-84 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 2, 2007, Decided
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Overview: Since an assignee of rights arising from a dishonored check became the assignee after the check's untimely return and with full knowledge of its dishonor, the assignee was held to have no vested interest in the timely payment or return of the check and, thus, had no standing to bring suit for the bank's violation of N.J.S.A. § 12A:4-302.
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| In re Kelley, D-105 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 3, 2007, Decided , May 3, 2007, Filed
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| Frazier v. Northern State Prison, Dep't of Corr., DOCKET NO. A-3624-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 4, 2007, Decided
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Overview: Corrections officer was improperly terminated on grounds his simple assault conviction (N.J.S.A. § 2C:12-1(a)(3) was a "misdemeanor crime of domestic violence" under Laughtenberg Amendment that barred him from possessing gun, as simple assault did not have as an element the use or attempted use of physical force, or threatened use of deadly weapon.
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| Jackson v. HSBC Bank USA, DOCKET NO. A-0977-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 4, 2007, Decided
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Overview: Bank violated New Jersey Tax Sale Law (TSL), N.J.S.A. §§ 54:5-1 to -137, as it included charges and non-monetary burdens not expressly permitted by TSL in installment payment plan agreements concerning tax sale certificates. However, remedy was reformation and not the assessment of penalties called for by TSL for redemption in the ordinary course.
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| State v. Wakefield, A-37 September Term 2004,
SUPREME COURT OF NEW JERSEY, May 7, 2007, Decided
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Overview: In conducting a proportionality review, pursuant to N.J.S.A. § 2C:11-3(e), the death sentence imposed against defendant was not disproportionate after the available statistical data under the frequency analysis was reviewed and defendant had a high level of culpability, especially given the age and vulnerability of his murder victims.
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| In re Determination by Dir. of the Div. of Alcoholic Bev. Control, DOCKET NO. A-6348-04T5, A-6393-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 8, 2007, Decided
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Overview: Advisory opinion issued by Director of New Jersey Division of Alcoholic Beverage Control without a hearing and asserting the availability of special concessionaire permits and his jurisdiction over them, was not tantamount to final agency action, i.e., embodying any action substantively adverse to appellants. It was, therefore, not reviewable.
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| State v. Burr, DOCKET NO. A-4603-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 8, 2007, Decided
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Overview: Court reversibly erred by barring expert testimony that defendant had Asperger's Disorder to explain his arguably inappropriate behavior with child, an alleged sex assault victim, even though this disorder was not a "mental disease or defect" under diminished capacity statute, N.J.S.A. § 2C:4-2, as evidence had probative value on issue in the case.
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