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| Builders League of S. Jersey, Inc. v. Township of Franklin, DOCKET NO. A-1247-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2007, Decided
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Overview: De facto Transfer of Development Rights program adopted by township based on N.J.S.A. § 40:55D-65(c), allowing municipalities to adopt standards for planned developments, including clustering of development between noncontiguous parcels, was invalid as township did not follow the procedures of New Jersey State Transfer of Development Rights Act.
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| Division of Alcoholic Bev. Control v. Maynards, Inc., A-120 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 18, 2007, Decided
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Overview: Under the Alcoholic Beverage Control Act, N.J.S.A. §§ 33:1-1 to -97, strict liability on the part of a licensee was upheld based on an employee's sale of narcotics at the licensed establishment, however, the penalty imposed required reconsideration due to various mitigating factors not being considered.
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| M.F. v. Department of Human Servs., Div. of Family Dev., DOCKET NO. A-6771-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2007, Decided
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Overview: That appellant alleged he was minor child's "psychological parent" did not entitle him to benefits under Work First New Jersey Act, because that was not a legal relationship that could be recognized under Act. He had to establish psychological-parent relationship through New Jersey Kinship Legal Guardianship proceeding to be eligible for benefits.
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| State v. Buczkowski, DOCKET NO. A-4671-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2007, Decided
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Overview: The dismissal of a charge of reckless driving, in violation of N.J.S.A. § 39:4-96, against defendant was upheld on appeal because defendant was not served with the complaint charging her until 142 days after the charged offense, which failed to meet the service requirement of 30 days set forth in N.J.S.A. § 39:5-3(a).
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| Bogey's Trucking & Paving, Inc. v. Indian Harbor Ins. Co., DOCKET NO. A-2529-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 19, 2007, Decided
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Overview: Because an insured's comprehensive general liability (CGL) policy clearly contained an automobile exclusion, the insured's auto insurer, not the CGL insurer, owed a duty to defend and indemnify the insured, pursuant to N.J.S.A. § 39:6B-1(a), with regard to a personal injury/negligence suit filed against the insured.
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| New Jersey Property-Liability Ins. Guar. Ass'n v. Hill Int'l, Inc., DOCKET NO. A-6335-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 19, 2007, Decided
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Overview: Direct negligence claim asserted by a surety against construction manager, which was insured by the New Jersey Property-Liability Insurance Guaranty Association due to the insolvency of its liability carrier, was a "covered claim" because the carrier's policy defined it as such, and the claim was not excluded by former N.J.S.A. § 17:30A-5(d).
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