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Vol. 2, No. 65 DECISIONS ISSUED APRIL 15, 1994 JURISDICTION – INSURANCE – ENVIRONMENT 24-2-3070 Texaco Inc. v. North River Ins. Co. Underwriters Reinsurance, and Unigard Ins. Co., App. Div. (5 pp.) Where Texaco sought reimbursement for clean-up costs from defendant insurance carriers for a 1974 pipeline rupture in Raunheim, Germany, and before current suit Texaco filed a complaint against many insurers, including defendants, for coverage in California, and earlier complaint was to include all environmental claims worldwide, trial court properly dismissed plaintiff’s complaint without prejudice, since (1) the California court first acquired jurisdiction and it had precedence over New Jersey, and (2) the suit had little nexus to this state. LAND USE – GOVERNMENT 26-2-3071 Joseph P. Slowinski and Stacey C. Slowinski v. The County of Monmouth, App Div. (21 pp.) Where county wanted to widen road, and deed to plaintiffs’ 18th century house showed the county’s right-of-way to widen the road extending 33 feet from the existing center line, which would cut through most of the front porch and existing front yard, chancery court properly held that county had right-of-way to extend the roadway, since plaintiffs took title with full knowledge of road widening and after buying the house even indicated that it would have to be moved if the road was widened. MUNICIPAL LAW – CONTRACTS 30-2-3072 Neelthak Dev. and Blackacre Dev. v. Township of Gloucester, and Richard A. Alaimo Ass’n of Engineers and Delores Fini, et al., App. Div. (8 pp.) Where plaintiff developers claimed that they had been improperly charged by defendant engineers who were hired by township to review and report on development applications, trial court erred in dismissing plaintiffs’ claims against the township for review of engineering services because they were filed beyond statute of limitations for actions in lieu of prerogative writs, since such claims were not normally filed as actions in lieu of prerogative writs and thus the time limitation did not apply. PUBLIC EMPLOYEES 33-2-3073 Ryno M. Jackson v. Board of Trustees of the Teachers’ Pension and Annuity Fund, App. Div. (16 pp.) Where plaintiff/school psychologist hurt his back when he fell on school elevator as it violently shook, board properly denied psychologist’s accidental disability application, since considering the inconsistencies in psychologist’s reports and testimony, the incident was not a “traumatic event” as defined in Kane v. Bd. of Trustees, Police & Firemen’s Retirement Sys., 69 N.J. 578, 586 (1976). 33-2-3074 Louis Thomas Scirrotto v. Warren Hills Bd. of Educ., App. Div. (9 pp.) Where plaintiff/history teacher — who was convicted of bribery because he would not reveal illegal matters going on in the school system unless he was rehired and given tenure — sued defendant board for legal fees, board properly denied plaintiff’s request, since the lawsuit did not arise out of or in the course of plaintiff’s teaching duties. WILL AND TRUSTS 38-2-3075 In the Matter of the Estate of Madelyn R. Angus, App. Div. (12 pp.) Where estate administrator loaned his bankrupt clients $80,000 from decedent’s estate, trial court properly charged executor for full amount of unpaid loan and for fees paid to his accounting firm, since court’s holding was well within its discretion. CRIMINAL LAW AND PROCEDURE 14-2-3076 State v. Chayrmar Charles Brown, App. Div. (8 pp.) Where, during a legal automobile stop, arresting officer noticed a small wax-paper packet which is used to package heroin on car floor, and after co-defendant/automobile owner signed a search-consent form, officer found 29 heroin bundles in two gym bags in rear-hatch, search was proper, since after officer noticed wax-paper packet on car floor, he had probable cause to conduct limited search of car and its contents for further drug paraphernalia even without owner’s consent, and officer had obtained valid consent. 14-2-3077 State v. Sirel Reele and Sondra Reele, App. Div. (8 pp.) Where defendants were convicted of endangering the welfare of children when they forced their two adopted children to live in a dog kennel in the backyard as punishment for urinating in a bedroom, prosecutor’s summation comments about how a reasonable person would act did not taint jury, since judge’s jury instruction did not introduce a “reasonable man standard.” 14-2-3078 State v. Kenneth Floyd Stone and Tracy Von Thompson, App. Div. (6 pp.) Where during a legal automobile search late at night, arresting officer’s request that defendant Stone get out of the car and a subsequent pat-down search revealing a small plastic bag containing marijuana were reasonable, since officer’s observation of nervous behavior before stop, together with co-defendant’s demeanor appearance and fact that stop occurred late at night were sufficient to trigger a heightened awareness of danger justifying the pat-down search. 14-2-3079 State v. Leroy Williams Jr., App. Div. (5 pp.) Defendant, who pled guilty to two first-degree rape charges, was wrongly deprived of his right to counsel during his hearing for post-conviction relief, since defendant’s statement that he was “comfortable” in proceeding pro se, was not a clear indication that defendant wanted to represent himself.

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