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VOL. 2, NO. 141 DECISIONS RELEASED AUGUST 4, 1994 TAXATION 35-2-3895 Echelon Glen Cooperative, Inc. and Bala Properties Group, Inc. v. Voorhees Township, App. Div. (13 pp.) Where plaintiff, which had not paid property taxes, appealed tax assessments on three lots, and after appeal was filed defendant purchased tax sale certificates related to the lots under N.J.S.A. 54:5-19, tax court properly did not dismiss the tax appeal, since the purpose of N.J.S.A. 54:3-27 is to ensure municipal revenues during a tax appeal, and dismissal is not appropriate where the town received revenue from the tax sale. LANDLORD/TENANT – CONTRACTS 27-2-3896 Wilson Jones Co. v. Edward A. Cantor and Leo Masin, App. Div. (27 pp.) Where plaintiff tenant sued defendant landlord to determine whether its lease agreement had been terminated four years before the end of the lease term, trial court properly held that an enforceable surrender and cancellation agreement had not been reached, and that equitable estoppel did not apply, since the decision was based on credible evidence. LAND USE – MUNICIPAL LAW 26-1-3897 The Great Atl. and Pac. Tea Co., Inc v. Point Pleasant, Supreme Ct. (39 pp. incl. dissent) Where A&P purchased land to build a supermarket in the town center after zoning ordinance was amended to allow retail stores, and then by a nonbinding referendum, town voted to repeal the amendment, the Court held that the Municipal Land Use Law precluded the adoption of a zoning ordinance by referendum, but not by a non-binding referendum. 26-2-3898 Lionshead Woods Corp. v. Kaplan at Lakewood, Inc. and Woodmere, et al., App. Div. (20 pp.) Where an agreement entered into between defendant developer and the local utilities authority did not require the defendant to reimburse plaintiff on a pro rata basis for costs plaintiff incurred in constructing a sewer system to benefit both parties’ developments, trial court (1) properly voided the agreement as unreasonable, since the plaintiff is entitled to reimbursement, but (2) erred in denying capitalization interest as part of the plaintiff’s costs, which must be allocated among the developers. PHYSICIAN/PATIENT – TORTS 29-2-3899 Peter Siurano and Karen Siurano v. Raritan Bay Medical Center, et al., App. Div. (10 pp.) Where plaintiff was thrown out of defendant hospital emergency room because he became violent when, due to severe pain, he could not fill out forms in order to receive medical attention, trial court erred in dismissing the assault and battery and negligence charges, since the claims were supported by the evidence. CRIMINAL LAW AND PROCEDURE 14-2-3900 State v. Carlos Borges, App. Div. (30 pp.) Where defendant was convicted of sexually abusing a child, trial court properly held that the child-abuse expert’s testimony was admissible, since her testimony was used to rehabilitate the victim’s testimony, but not show that abuse actually occurred. 14-2-3901 State v. Edward Michael Crooks, App. Div. (6 pp.) Where defendant was convicted of aggravated-sexual assault, trial judge properly denied his petition for post-conviction relief and motion for a new trial–which relied on an illegible copy of an affidavit in which a co-defendant claimed that the defendant was not involved in the crime–since the judge found the affidavit to be false.

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