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VOL. 2, NO. 225 DECISIONS RELEASED DECEMBER 22, 1994 TAXATION 35-1-4592 Hovbilt, Inc. v. Township of Howell, Supreme Ct. (42 pp. incl dissent) Where a landowner filed a tax appeal under the Correction of Errors statute after the township failed to assess taxes on land under the Farmland Assessment Act due to a misplaced application, tax court properly dismissed the complaint, since only mistakes that are indisputable, and cannot plausibly be explained as the tax assessor’s exercise of judgment, can be corrected under the statute. (Decided Dec. 22, 1994.)[Available online in N.J. Full-Text Decisions.] 35-2-4593 Mays Ctr. Assocs. Corp. v. Township of Rockaway, App. Div. (6 pp.) Where store owner appealed from property assessments for 1991 and 1992, tax court properly assessed taxes, since the taxpayer failed to present proof about the depreciation rate, and the judge properly accepted the district’s 10 percent depreciation rate. CORRECTIONS 13-2-4594 John Lowery v. Donald Lewis and the Dep’t of Corrections, App. Div. (7 App.) Where an inmate claimed that his counsel entered a guilty plea to narcotics possession without his consent, hearing officer properly accepted the guilty plea and found defendant guilty of other infractions, since defendant did not complain about his assigned counsel and was afforded a full hearing. EDUCATION – LABOR AND EMPLOYMENT 16-1-4595 Joseph P. Abbamont, Jr. v. Piscataway Township Bd. of Educ., Supreme Ct. (42 pp.) Where teacher claimed that he did not receive tenure after he complained about poor health and safety conditions, state Supreme Court held that under the Conscientious Employee Protection Act, (1) a local board of education may be held vicariously liable for the retaliatory acts of its school officials, and (2) public employers are liable for punitive damages if the standards are met in Lehman v. Toys R Us, 132 N.J. 587 (1993). (Dec. 22, 1994.)[Available online in N.J. Full-Text Decisions.] INSURANCE – PRODUCT LIABILITY 23-1-4596 Owens-Illinois, Inc. v. United Ins. Co. et al., Supreme Ct. (61 pp.) Where for asbestos claims insurers denied coverage based on different triggers, state Supreme Court held that the continuous-trigger theory applies to activate insurers’ obligations, and a fair method of allocating multiple indemnity policies is related to both the timing and the degree of risk assumed. (Decided Dec. 22, 1994.)[Available online in N.J. Full-Text Decisions.] LAND USE 26-2-4597 Highland Lakes Country Club and Community Ass’n v. William Kleiwerda, et al., App. Div. (5 pp.) Where landowners sued title company for failing to set up deed restrictions requiring landowners to be country club members, trial court erred in dismissing the complaint, since company by accepting premiums for its title guaranty accepted the risk that its conclusions–that the restrictions were no longer valid–may have been incorrect. PRODUCT LIABILITY – WRONGFUL DEATH 32-2-4598 Edward Goss v. Am. Cyanamid Co., et al., App. Div. (27 pp.) Where employees sued asbestos manufacturers and distributors for lung damage they suffered on the job, trial court erred in setting aside a first jury verdict against one distributor and entering a judgment molded on a second jury verdict on grounds that distributor did not deal with employer until after 1973, since there was evidence that distributor dealt with employer earlier. (Approved for publication Dec. 22, 1994.)[Available online in N.J. Full-Text Decisions.] TORTS 36-3-4599 R.S., James Sherman, Jr. and Rosemary Sherman v. Bordentown Reg. School. Dist., et al., Law Div. (11 pp.) Where high school student sued two publications for printing stories claiming that her affair with a teacher was consensual, trial court held that the articles were not defamatory, since (1) the mention of the consensual relationship was the reporters’ opinion, which is protected speech, (2) and the articles included all the facts upon which the reporters based their opinions. CRIMINAL LAW AND PROCEDURE 14-2-4600 State v. Courtney Jenkins, App. Div. (4 pp.) Where defendant was convicted of marijuana possession, trial court properly admitted evidence that defendant was unemployed, since it was introduced to support inferences that the cash found on him was not related to any legitimate employment. 14-2-4601 State v. Kasan Walker, App. Div. (6 pp.) Where defendant was convicted on three counts of first-degree robbery, trial court properly admitted into evidence defendant’s admission to one robbery, since after defendant was read his rights, he never invoked the right to remain silent.

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