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   State Courts - New Jersey - June 1 - June 8, 2006

  
In re Condon, D-146 September Term 2005, SUPREME COURT OF NEW JERSEY, June 1, 2006, Filed
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State v. Lopez, A-49 September Term 2005, SUPREME COURT OF NEW JERSEY, June 1, 2006, Decided
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Overview: New Jersey's robbery statute, N.J. Stat. Ann. § 2C:15-1(a), did not encompass afterthought robbery since the intention to steal must precede or be coterminous with the use of force. As such, defendant was entitled to a new trial on a robbery charge since the trial court erred by instructing the jury on afterthought robbery.

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Harry's Lobster House Corp. v. Director, Div. of Taxation, Docket No. 004978-2004, TAX COURT OF NEW JERSEY, June 5, 2006, Decided
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Overview: A taxpayer's untimely protest was dismissed because the Director of the Division of Taxation was not bound by an alleged agreement to re-audit since a closing or compromise agreement was never put in writing, as required by N.J. Stat. Ann. § 54:53-12, nor was an Attorney General opinion obtained, as required by N.J. Stat. Ann. § 54:53-14.

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Mansoldo v. State, A-57 September Term 2005, SUPREME COURT OF NEW JERSEY, June 5, 2006, Decided
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Overview: In an inverse condemnation suit where a taking was deemed to have resulted from an agency regulation prohibiting the construction of two homes on a parcel in a floodway, the lower courts erred by not following applicable standards of law by limiting the property owner's compensation to the permitted uses of a parkland, open space, or a parking lot.

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State v. Denofa, A-11 September Term 2005, SUPREME COURT OF NEW JERSEY, June 5, 2006, Decided
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Overview: Defendant's murder conviction was erroneously reversed on appeal based on the trial court's failure to submit the issue of whether the murder was committed in New Jersey to the jury as, though territorial jurisdiction was an element of murder, defendant failed to request such a charge and no factual dispute existed as to where the crime occurred.

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Potente v. County of Hudson, A-56 September Term 2005, SUPREME COURT OF NEW JERSEY, June 6, 2006  , Decided
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Overview: Pre-judgment interest was available under the Law Against Discrimination (LAD), N.J. Stat. Ann. §§ 10:5-1 to -49, however, in a former employee's LAD suit against a county, the trial court improvidently granted a directed verdict on the subject of failure to accommodate, which required a new trial on remand.

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State v. Berezansky, DOCKET NO. A-4283-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 7, 2006, Decided
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Overview: In DWI case, defendant's right of confrontation was violated by admission of lab certificate concerning his blood alcohol level without giving him opportunity to confront its preparer. Certificate was not admissible under N.J. R. Evid. 803(c)(6) or (8), as it was not prepared in ordinary course of government business, but to prove element of crime.

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In re Application of Taylor, DOCKET NO. CPM-L-156-06, SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CAPE MAY COUNTY, June 8, 2006, Decided
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Overview: Though prosecutor established his staff was overworked and underpaid compared to those in other prosecutor's offices, court granted pay increases under N.J.S.A. § 2A:158-7 only to employees whose salaries had not been established through collective negotiations process, as the prosecutor could not disclaim positions he had taken in that process.

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In re Petition For Substantive Certification of Borough of Montvale, DOCKET NO. A-2579-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 8, 2006, Decided
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Overview: Substantive certification granted to a borough pursuant to N.J. Stat. Ann. § 52:27D-314(a) regarding its fair share affordable housing plan was upheld on appeal where an objecting developer failed to provide any expert planning reports or other legally competent evidence to counter the plan's inclusion of only 32 of the developer's 45 acres.

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Menorah Chapels at Millburn v. Needle, DOCKET NO. A-3499-03T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 8, 2006, Decided
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Overview: In a collection suit regarding a contract for funeral services and a customer's counterclaim for breach of that contract, the customer's emotional distress claim was erroneously dismissed as the recoverability of damages for emotional distress arising out of a breach of a funeral services contract was supported by precedent of other jurisdictions.

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