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Vol. 3 No. 90 DECISIONS RELEASED MAY 15, 1995 EDUCATION 16-2-5631 Bd. of Educ. of the Twp. of Neptune v. Neptune Twp. Educ. Ass n, et al., App. Div. (5 pp.) N.J.S.A. 18A:29-4.1 neither prohibits nor requires salary increments to be paid to teachers and principals, pursuant to the salary guidelines of an expired contract, during negotiations of the successor contract. FAMILY LAW 20-2-5632 State of N.J. v. A. J., App. Div. (4 pp.) In the settlement of a domestic violence matter, since each of the consent order terms, including the disposition of defendant’s firearm, was a dependent covenant and a bargained-for consideration for all of the other terms, defendant’s application for the return of the forfeited weapon was properly denied. INSURANCE — VERBAL THRESHOLD 23-2-5633 Hollyann Tierney, et al. v. Margarita Mitias, App. Div. (2 pp.) Although there was medical testimony that the 3 centimeter by 1.5 centimeter scar on plaintiff’s thigh was permanent, it did not constitute a type 3 “significant disfigurement” under the verbal threshold statute, and plaintiff’s complaint was properly dismissed. PUBLIC EMPLOYEES — POLICE OFFICERS 33-2-5634 In the Matter of William Job, App. Div. (3 pp.) Where the only evidence that a discharged police officer may have been using drugs was an uncorroborated anonymous tip, and no effort was made to follow-up the tip, there was a lack of the necessary individualized reasonable suspicion to compel the officer to submit to a urinalysis and the officer was properly reinstated with back pay by the Merit System Board. REAL PROPERTY — FORECLOSURES — SHERIFFS FEES — RTC 34-1-5635 Resolution Trust Corp. v. William Lanzaro, Supreme Ct. (23 pp.) Since the Financial Institutions Reform, Recovery and Enforcement Act of 1989 exempts the RTC from state and local taxation, and the fee sought by the sheriff for conducting a sheriff’s sale is excessive when viewed against the costs of the services conferred by the sheriff, the fee is essentially equivalent to a tax measured by the sale price of foreclosed property, and cannot be imposed on the RTC. [DECISION AVAILABLE ONLINE.] CRIMINAL LAW AND PROCEDURE 14-2-5636 State v. Eric Womack, App. Div. (19 pp.) Since the civil penalty in the state’s case against a holistic practitioner (for the unlicensed practice of medicine) was not disproportionate to the state’s actual expenses, it does not constitute a punishment and, therefore, the criminal indictment of defendant should not have been dismissed on double jeopardy grounds.

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