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| Citizens United to Protect the Maurice River and its Tributaries, Inc. v. City of Millville Planning Bd., DOCKET NO. A-4204-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 6, 2007, Decided
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Overview: A city planning board's approval of a developer's general development plan (GDP), which included age-restricted homes, was upheld on appeal as the board properly applied a general standard in assessing whether the GDP was to have an unreasonably adverse impact on the area, sufficient to support its determination under N.J.S.A. § 40:55D-45(d).
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| Fayette Fair Trade, Inc. v. Governing Body of Perth Amboy, DOCKET NO. A-2429-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 8, 2007, Decided
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Overview: An employee, who ran the day-to-day operations of a bar with little or no oversight from the licensed owner and who shared in the licensee's profits, but was not a shareholder, held an impermissible undisclosed beneficial interest in the liquor license, in violation of N.J.S.A. § 33:1-25. Therefore, a suspension of the license was upheld on appeal.
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| Pryor v. Department of Corr., DOCKET NO. A-1707-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 9, 2007, Decided
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Overview: In an inmate's appeal, N.J.A.C. 10:18A-9.6, permitting a prison administrator to withhold material that was not sexually oriented from inmates when it impeded rehabilitation, was held facially constitutional as within the professional judgment of prison administrators, with N.J.A.C. 10A:16-4.4 and N.J.A.C. 10A:4-4.1 also being upheld.
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| Quarto v. Adams, DOCKET NO. A-3904-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 9, 2007, Decided
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Overview: The Division of Taxation was not required to treat a same-sex couple's 2006 income as joint as the Civil Union Act, N.J.S.A. §§ 37:1-28 to -36, was effective February 19, 2007, and the Division was entitled to a reasonable transition period to conform its forms and procedures to the constitutional and statutory principles applicable to such unions.
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| OFP, L.L.C. v. State, DOCKET NO. A-3190-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 10, 2007, Decided
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Overview: The Highlands Water Protection and Planning Act's, N.J.S.A. §§ 13:20-1 to -35's, administrative hardship waiver remedy had to be exhausted before a property owner was entitled to assert a claim that the Act's restrictions upon its planned development of a preservation area resulted in a regulatory taking.
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| Wilson v. Paradise Vill. Beach Resort & Spa, DOCKET NO. A-3055-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 10, 2007, Decided
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Overview: The dismissal of a personal injury suit under R. 4:4-4 was upheld on appeal as the defending Mexican resort's participation in advertisements placed by airlines and travel agencies in newspapers distributed in New Jersey and its websites accessible by New Jersey residents were insufficient to support New Jersey's exercise of general jurisdiction.
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| State v. Fisher, DOCKET NO. A-3026-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 14, 2007, Decided
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Overview: The constitutionality of N.J.S.A. § 2C:11-5.1 was upheld on appeal with regard to defendant's conviction for knowingly leaving the scene of a motor vehicle accident as compliance with the statutory requirements of reporting the accident did not pose a legitimate risk of self-incrimination as reporting avoids prosecution under the statute.
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| Dep't of Envtl. Prot. v. Kafil, DOCKET NO. A-5364-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 15, 2007, Decided
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Overview: Court erred by denying New Jersey Department of Environmental Protection (DEP) the right to seek injunctive relief against respondents who allegedly violated New Jersey Spill Act by discharging toxic substances. Though DEP had other statutory remedies, N.J.S.A. § 58:10-23.11u clearly authorized it to file civil action seeking injunctive relief.
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| In re Colaguori, D-167 September Term 2006,
SUPREME COURT OF NEW JERSEY, August 15, 2007, Decided, August 15, 2007, Filed
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