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Vol. 3 No. 54 DECISIONS RELEASED MARCH 22, 1995 ADMINISTRATIVE LAW AND PROCEDURE – ENVIRONMENT – PORTS 01-1-5229 Distributec, Inc. v. N.J. Dept. of Environmental Protection and Energy, Supreme Ct. (13 pp.) The Department of Environmental Protection’s denial of developer’s application to build a new port facility was valid and consistent with the Ports Rule, the Ports Use Rule and the Waterfront Development Act, since developer failed to demonstrate required need or compatibility of proposed port. [Available online in N.J. Full-Text Decisions.] ENVIRONMENT 17-2-5230 Hudson County Improvement Auth., et al. v. A.G. Mazzocchi, Inc., App. Div. (10 pp.) Trial judge’s finding that Authority had not established its charges that demolition company improperly disposed of demolition debris at an unauthorized facility – all revolving around the definition of “concrete” – was sustainable on the evidence where there was no specific definition of the term by the DEP and the parties had agreed to submit the question to the judge. FAMILY LAW – JURISDICTION 20-2-5231 William Edward McLendon v. Anita W. Batman, M.D., App. Div. (10 pp.) The trial judge properly concluded that Mississippi had continued jurisdiction of the parties custody and support issues where the divorce judgment was originally entered in that state, both parties still resided in that state when father’s petition for change of custody was filed, the mother had consented to Mississippi’s jurisdiction, and the judge there retained jurisdiction when he could not complete the case because the child was abducted and taken to Canada. FAMILY LAW 20-2-5232 Gregory A. Galbo v. Gail S. Gordon, Ap. Div. (5 pp.) The trial judge did not abuse his discretion when he ordered an increase in child support since the change in wife’s shelter costs was anticipated, and there was no impropriety in the judge’s denying husband’s motion to reduce support based upon his loss of work, since the judge properly imputed the husband’s severance package as income over a limited period of time, and noted that the application could later be renewed. TAXATION 35-2-5233 Borough of Seaside Park, et al. v. Chanteclaire Realty Corp., et al., App. Div. (6 pp.) Since the trial court’s jurisdiction is limited to the appointment of a rent receiver only as to the property which is delinquent in taxes and/or which constitutes a nuisance, and then only as to the owner of such property, the order entered by plaintiff appointing a rent receiver was overbroad in that it failed to specifically designate the property and also named as defendants certain lienholders and parties who had no ownership interest in the property, but, once the order is modified to contain the correct information, it will be affirmed. WORKERS’ COMPENSATION 39-2-5234 Mercedes Gil v. Schering Plough, Inc., App. Div. (3 pp.) The motion judge correctly found that plaintiff, whose job was to crush medical waste and who injured her fingers by touching the remains of that process, failed to prove that her employer had a subjective intent that she be injured at work or that the employer’s conduct was substantially certain to cause her injuring her fingers and, therefore, her exclusive remedy was under the workers’ compensation law. 39-2-5235 Albert Alston v. Borough of Wildwood Crest Sanitation Dept., App. Div. (6 pp.) Since employer had stipulated that employee suffered a compensable injury, trial judge erred in placing burden on employee to prove that his fall off garbage truck was not due directly to drunkenness or symptoms of alcoholism. - A

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