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   State Courts - New Jersey - June 12 - June 13, 2007

  
Hemsey v. Board of Trs., Police & Fireman's Ret. Sys., DOCKET NO. A-1852-05T5, A-2117-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 12, 2007, Decided
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Overview: Under N.J.S.A. § 43:16A-15.3, retired police officer who was re-hired three months later under a consulting contract under which he performed substantially the same duties as before he retired, properly had his retirement rescinded, because substantial evidence supported Board's finding that he acted as an employee, not an independent contractor.

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Raspa v. Office of the Sheriff , A-53 September Term 2006, SUPREME COURT OF NEW JERSEY, June 12, 2007, Decided
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Overview: Because a former employee's disability prevent him from performing the job of county corrections officer, he was not qualified for that position within the meaning of N.J.S.A. § 10:5-4.1. Therefore, the sheriff's office was not required by the New Jersey Law Against Discrimination to provide him indefinite light duty posting with no inmate contact.

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Gallenthin Realty Dev., Inc. v. Borough of Paulsboro, A-51 September Term 2006, SUPREME COURT OF NEW JERSEY, June 13, 2007, Decided
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Overview: Land used for farming, open space, and occasional dredging was improperly classified by borough as "not fully productive" under N.J.S.A. § 40A:12A-5(e), and thus subject to condemnation, as § 40A:12A-5(e) applied only to areas that were stagnant and unproductive because of issues of title, diversity of ownership, or other similar conditions.

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In re Venezia, A-63 September Term 2005, SUPREME COURT OF NEW JERSEY, June 13, 2007, Decided
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Overview: As reporter had spoken to authorities about his conversations with former mayor that were cited in his news article, he could not seek refuge in newspersons privilege under New Jersey's Shield Law, N.J.S.A. §§ 2A:84A-21 to -21.8, to deny disclosure, during a deposition in a defamation case against mayor, of what he had already told authorities.

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M.E.F. v. A.B.F., DOCKET NO. A-2501-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 13, 2007, Decided
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Overview: Having sought administrative relief by challenging her minimum monthly maintenance needs allowance under New Jersey Medicaid regulations, wife of a Medicaid recipient could not file suit in family court seeking separate maintenance from husband under N.J.S.A. § 2A:34-24 because she had not exhausted her administrative remedies.

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