In re Veto of Minutes of New Jersey Racing Comm’n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division’s opinion, involved an unusual statutory scheme. Under legislation that created the Atlantic City Tourism District, ...
Ciesla v. New Jersey Dep’t of Health & Senior Services, 429 N.J. Super. 127 (App. Div. 2012). This was an appeal of a decision of the Government Records Council (“GRC”), the state agency charged with resolving requests under the Open Public Records ...
New Jersey Ass’n of School Administrators v. Cerf, 428 N.J. Super. 588 (App. Div. 2012). To help reduce property taxes by limiting school district spending, the Department of Education approved, by rule, a regime that includes a cap on the salary that ...
Natural Medical, Inc. v. New Jersey Dep’t of Health & Human Services, 428 N.J. Super. 259 (App. Div. 2012). This decision, written by Judge Parrillo, involved plaintiff’s interest in opening an alternative treatment center to cultivate and distribute marijuana pursuant to the ...
Winters v. North Hudson Regional Fire & Rescue, 212 N.J. 67 (2012). When a public employee who is the subject of a disciplinary proceeding before the Civil Service Commission (“the Commission”) asserts retaliation as a defense, but then does not offer ...
Gonzalez v. State of New Jersey Apportionment Comm’n, ___ N.J. Super. ___ (App. Div. 2012). The Tea Party has had little electoral success in New Jersey. Its efforts to achieve its ends by litigation have also not met with success. ...
Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012). An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit. ...
A.Z. v. Higher Education Student Assistance Authority, 427 N.J. Super. 389 (App. Div. 2012). As this opinion by Judge Ostrer describes, though administrative agency regulations are entitled to a presumption of validity, and to deference when those regulations or their ...
In re Challenge of New Jersey State Funeral Directors Association to Certain N.J.A.C. Amendments, 427 N.J. Super. 268 (App. Div. 2012). This case involved a challenge to amendments to administrative regulations promulgated by the State Board of Mortuary Science. In ...
Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012). Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department of Homeland Security(“DHS”) pursuant to the North American Free Trade ...