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Vol. 2, No. 38 DECISIONS ISSUED MARCH 8, 1994 FAMILY LAW 20-2-2772 Ronnie K. Lake v. James M. Lake, App. Div. (11 pp.) Trial court erred in dismissing wife’s motion to compel father to pay all of daughter’s college expenses and in ordering that father pay 84 percent and mother pay 16 percent, since trial court did not weigh all pertinent factors in making decision and only considered parents’ income levels. HEALTH 22-2-2773 Associates in Radiation Oncology, P.A. v. Bruce Siegel, M.D., M.P.H., Acting Commissioner of Health, State of New Jersey, et al., App. Div. (13 pp.) Commissioner erred in holding that a private practice physician who opens an oncology radiation facility does not require a certificate of need, since a private physician may require a certificate of need when the physician initiates a health care service that is the subject of a health planning regulation the state department of health adopts. LAND USE 26-2-2774 Dover Township v. Dover, A Limited Partnership, James E. Johnson, et al., App. Div. (4 pp.) Where company cleared 10-acre plot of trees and shrubs, trial court erred in finding company guilty of failure to obtain a soil disturbance permit contrary to township ordinance, since the township failed to show that company’s actions caused “the land to be exposed to or endangered by erosion.” 26-2-2775 Polevoy Associates v. Township of Cedar Grove Planning Board, App. Div. (18 pp.) Where company sought site plan approval and hardship variances for off-street parking and parking stall size requirements and to expand its commercial building, planning board properly denied application, since the company did not satisfy the affirmative and negative criteria of N.J.S.A. 40:55D-70d for granting of hardship variances. WILLS AND TRUSTS 38-2-2776 Elaine Blitzer, Executrix of the estate of Ethel Raisman v. Robert Raisman, Individually and Executor of the Estate of Dave Raisman, App. Div. (6 pp.) Where deceased husband left his entire estate except $100 to his son from a prior marriage and wife survived husband by 26 months, trial court properly dismissed claim of decedent wife ‘s daughter from prior marriage for elective share filed since (1) wife did not make a claim for elective share after husband’s death and, (2) statute of limitations barred daughter’s claim.

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