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| Stoeckel v. Township of Knowlton, DOCKET NO. A-3753-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 9, 2006, Decided
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Overview: Land owner sued a township attorney, alleging, inter alia, he made misrepresentation about status of financing for road. As owner failed to give attorney notice of claim under New Jersey Tort Claims Act, all claims against him except for tortious intentional conduct were barred by Act's statute of limitations, N.J.S.A. §§ 59:8-8, -9.
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| St. Louis, LLC v. Final Touch Glass & Mirror, Inc., DOCKET NO. A-6420-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 12, 2006, Decided
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Overview: In a breach of contract suit involving a construction contract, it was held that the measure of damages for a construction defect to real property was either decrease in market value or cost of repair, depending on the circumstances, with the sale of the property prior to trial not limiting the injured party to decrease in market value damages.
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| State v. Carroll, DOCKET NO. A-4086-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 12, 2006, Decided
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Overview: Under N.J. Const. art. I, para. 7, warrantless search and seizure from stolen car of bag containing drugs, following police chase and arrest of defendant, was not justified under incident-to-arrest exception, but court properly denied defendant's suppression motion as search was constitutional under automobile exception and abandonment doctrine.
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| State v. Loyal, DOCKET NO. A-4592-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 12, 2006, Decided
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Overview: As defense counsel's argument that absence of fingerprints on gun raised reasonable doubts as to defendant's guilt was proper, court erred by sua sponte instructing jury that, in absence of expert testimony about fingerprints and whether they could be obtained from gun, concluding that fingerprint evidence might have been obtained was speculation.
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| I.G. v. Department of Human Services, Div. of Medical Assistance and Health Services, DOCKET NO. A-0006-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 13, 2006, Decided
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Overview: Appellant was properly deemed resource ineligible for Medicaid benefits up to one-third of her husband's residuary estate because she did not elect the marital share of his estate, which by his will, passed the entire residuary estate to a trust that afforded the trustee sole discretion to expend funds for the Medicaid recipient's needs.
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| Monroe Tp. v. Consolidated Apartments, Inc., DOCKET NO. A-4908-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 13, 2006, Decided
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Overview: As title held by a township under a certificate of tax sale was exempt from N.J. Stat. Ann. § 54:5-79's 20-year mandate to foreclose, during the period that township was exempt, the 20-year limitation period within which a non-municipal assignee was required to foreclose the right of redemption of delinquent owner did not start or was tolled.
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| Warren County Bar Ass'n v. Board of Chosen Freeholders of County of Warren, DOCKET NO. A-0686-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 13, 2006, Decided
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Overview: County bar association could not sue county freeholders under N.J. Stat. Ann. § 2B:6-1(b) to compel them to provide the judiciary with "suitable" court facilities because finding implied right of action under § 2B:6-1(b) would contravene state supreme court rules adopted in exercise of its plenary authority over administration of judicial branch.
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| Ocean Seniors, LLC v. Township of Ocean Sewerage Auth., DOCKET NO. L-4482-03,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MONMOUTH COUNTY, June 14, 2006, Decided
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Overview: The connection fee a sewerage authority charged a developer was not improper, under N.J.S.A. § 40:14A-8, because the authority did not have to include the sewage flows from other communities in calculating the connection fee, because, rather than having individual customers in those communities, the authority had bulk contracts with each community.
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| State v. Elders, DOCKET NO. A-4004-04T2, A-4006-04T2, A-4008-04T2, A-4009-04T2, A-4012-04T2, A-4014-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 14, 2006, Decided
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Overview: In a drug seizure case, troopers had reasonable suspicion to search a disabled vehicle based on the nervousness of the six defendants, the fact that they indicated they needed no help, and other factors. Advice that a dog was going to be called if the driver did not consent was not coercion that negated the voluntary, signed consent given.
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