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Case Digests

Approved Opinions

Friday, February 3, 2012

Opinions approved for publication.

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Rowe v. Mazel Thirty

Thursday, February 2, 2012

The landowner owed a duty to the police officer to warn of any dangerous conditions on the property.

Ducey v. Ducey

Thursday, February 2, 2012

The procedure followed by the Family Part judge — issuing a final judgment of divorce followed months later by an opinion with provisions that diverged significantly from those in the JOD and called for an amended JOD without explanation for the changes — is rejected.

State v. Agathis

Thursday, February 2, 2012

An evidentiary hearing is required to determine if defendant would not have pleaded guilty if counsel advised he would be permanently barred from obtaining a firearms identification card.

Unpublished Opinions

Thursday, February 2, 2012

Opinions not approved for publication.

State v. Lazo

Thursday, February 2, 2012

The admission of the police officer's testimony about how and why he assembled the photo array that included defendant's photo was prejudicial error under State v. Branch.

State v. Heine

Wednesday, February 1, 2012

A municipal ordinance requiring an inspection of defendant's property is unconstitutional as applied to defendant.

Atlantic City Showboat Inc. v. Dir., Div. of Taxation

Tuesday, January 31, 2012

The amount charged for the distribution of electricity through the local distribution infrastructure to a consumer is subject to sales tax, as are the charges authorized by the Legislature and the BPU.

Newark Housing Authority v. Martinez-Vega

Tuesday, January 31, 2012

A public housing authority must give meaningful consideration to the factors governing the exercise of its discretion regarding whether to evict a tenant for conduct detrimental to the housing community.

CTC Demolition Co. Inc. v. GMH AETC Management/Development, L.L.C.

Tuesday, January 31, 2012

A demand for contractually required mediation or arbitration constitutes a first-filed action under the first-filed rule.

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