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   State Courts - New Jersey - October 18 - October 24, 2006

  
In re Andril, D-190 September Term 2005, SUPREME COURT OF NEW JERSEY, October 18, 2006, Filed
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In re Franks, D-192 September Term 2005, SUPREME COURT OF NEW JERSEY, October 18, 2006, Filed
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In re Johnston, D-191 September Term 2005, SUPREME COURT OF NEW JERSEY, October 18, 2006, Filed
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American Fire and Cas. Co. v. New Jersey Div. of Taxation, A-134 September Term 2004, SUPREME COURT OF NEW JERSEY, October 19, 2006, Decided
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Overview: The tax benefits of the premium cap afforded to foreign insurers, pursuant to N.J. Stat. Ann. § 54:18A-6, was adjudged not to be included in calculating the retaliatory tax under N.J. Stat. Ann. §§ 17:32-15 and 17B:23-5, to harmonize the two taxes and to effectuate each statute, which was the methodology proposed by suing foreign insurers.

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O'Shea v. New Jersey Schools Const. Corp., DOCKET NO. A-5459-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 19, 2006, Decided
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Overview: The New Jersey Schools Construction Corporation, a public entity, was not allowed to permit a general contractor to substitute major trade subcontractors for those listed in the general's bid documents after the bid was awarded, in violation of N.J.S.A. § 34:1B-5.7(b), as such a practice was contrary to public bidding laws and policies.

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All Monmouth Landscaping & Design, Inc. v. Manalapan Twp., DOCKET NO. 007199-2005, TAX COURT OF NEW JERSEY, October 20, 2006 n1, Decided1 This opinion was originally delivered to the parties in the form of a letter opinion dated October 20, 2006. The opinion was later approved for publication by the Tax Court Committee on Opinions on November 22, 2006. Minor editorial changes have been made to the original opinion.
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Overview: While a taxpayer's failure to file a timely application precluded valuation and assessment of its property as farmland under N.J.S.A. § 54:4-23.6, it was entitled to a de novo hearing under N.J.S.A. § 2B:13-3 as to the property's value, as it could be worth less than similar property due to a covenant in the deed restricting its use to farming.

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Sensient Colors Inc. v. Allstate Ins. Co., DOCKET NO. A-2052-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 20, 2006, Decided
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Overview: New Jersey court erred in dismissing insurer's suit against an insurer that had sued it in New York, as "first-filed" doctrine was not absolute rule, and court failed to take into account special equities, including New Jersey's public policy interest in remediating waste sites within its borders and ensuring adequate financial resources for job.

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Hughes v. Monmouth Univ., DOCKET NO. MON-L-465-06, DOCKET NO.: MON-L-512-06, SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MONMOUTH COUNTY, October 24, 2006, Decided
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Overview: The decision of a zoning board of adjustment approving a universitys application to build a dormitory was upheld since the board members did not have disqualifying conflicts of interest under N.J.S.A. §§ 40:55D-23(b) or 40A:9-22.5(d) based on participating in various university events, being alumni, or having had children attend the school.

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In re Civil Commitment of M.L.V., DOCKET NO. A-2588-03T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 24, 2006, Decided
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Overview: Pursuant to N.J.S.A. § 30:4-27.28(d), the Attorney General had the authority to initiate a court proceeding for the involuntary civil commitment of a person as a sexually violent predator even though the New Jersey State Parole Board had granted parole and authorized the individual's release from incarceration.

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State v. Jimenez, A-50 September Term 2005, SUPREME COURT OF NEW JERSEY, October 24, 2006, Decided
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Overview: Appellate court erred in ruling that under Atkins, for defendant to be eligible for execution, State had to prove he was not mentally retarded beyond a reasonable doubt. As retardation did not negate element of capital murder under N.J.S.A. § 2C:11-3 and was not a capital trigger, defendant had to prove he was retarded by preponderance of evidence.

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