Tag: Administrative agency actions

Technology as Promoting Self-Reliance and Personal Privacy of Disabled Persons

L.R. v. Division of Disability Services,  434 N.J. Super. 430 (App. Div. 2014).  The core mission of the Division of Disability Services is “serving people who have become disabled as adults, whether through illness or injury.” The Division administers the ...

The Limitations of Mandamus

Caporusso v. New Jersey Dep’t of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014).  The prerogative writ of mandamus is the centerpiece of this opinion by Judge Lihotz.  Plaintiffs, on behalf of a putative class, sued the ...

Ban on Discrimination Against the Unemployed in Job Advertisements is Constitutional

New Jersey Dept’ of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014).  N.J.S.A. 34:8B-1 “bars employers seeking to fill job vacancies in this State from purposefully or knowingly publishing advertisements stating that job applicants ...

“Arbitrary, Capricious, or Unreasonable” Test Applies to Judicial Review of Administrative Agency Actions, Whether “Quasi-Judicial” or “Quasi-Legislative”

In re Proposed Quest Academy Charter School, 216 N.J. 370 (2013).  In this unanimous opinion, fittingly written by Justice LaVecchia given her Office of Administrative Law background, the Supreme Court addressed the question of what standard of review applies to ...

Appeals About Issues Decided by State Agency Must Go to the Appellate Division, Not the Law Division

Beaver v. Magellan Health Services, Inc.. 433 N.J. Super. 430 (App. Div. 2013).  “Under what circumstances may a litigant pursue common law and statutory causes of action in the Law Division, rather than appeal from State final agency determination, where ...

Impossibility of Performance as a Defense to Easement Agreements

Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013).  This case presented a concept of basic contract law– impossibility of performance– in an unusual setting.  Judge Parrillo wrote a typically careful and comprehensive opinion for the panel ...

Brief Administrative Determination Addressed to Spanish-Speaking Puerto Rican Resident Must be Translated Into Spanish in Its Entirety in Order to Satisfy Due Process

Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013).  In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today’s decision, involved a claim for unemployment benefits, the Supreme Court stated that there ...

Railroad Can Take Private Property if “Not Incompatible With the Public Interest” and as “The Exigencies of Business May Demand”

Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013).  New Jersey law allows railroads and public utilities to take private property by eminent domain.  N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits ...

“Appearance of Impropriety” Standard Continues to Apply to Quasi-Judicial Municipal Bodies

Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013).  This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at 423 N.J. Super. 49 (App. Div. 2011), and discussed here.  ...

Use Variance Applicant Need Not Show That Subject Property is the Only Available Site for the Use

Price v. Himeji, LLC, 214 N.J. 263 (2013).  Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a multi-story residential building in a zone where that use was ...