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Vol. 3 No. 175 Decisions Released Sept. 15, 1995 STATE COURT CASES CONSTRUCTION — APPEALS — FEES 43-3-6526 Egg Harbor River Campground, et al. v. Atlantic County Constr. Bd. of Appeals, Law Div. (4 pp.) To the extent that citations against plaintiff for multiple construction violations relate to a single parcel owned by a single entity, there is only one controversy, and, when plaintiff appealed the violations, the Construction Board of Appeals erroneously assessed a separate filing fee for each violation. [Approved for publication Sept. 14, 1995.Available online in N.J. Full-Text Decision] INSURANCE — UNDERINSURED MOTORIST COVERAGE 23-3-6527 Arlene Arenson, et al. v. American Reliance Ins. Co., et al., Law Div. (11 pp.) Because plaintiff’s UIM limits exceed the limits of one tortfeasor’s policy, and because the total amount received by way of settlement with all parties does not exceed her UIM limits, she is entitled to arbitration pursuant to her UIM endorsement. [Approved for publication Sept. 14, 1995. Available online in N.J. Full-Text Decisions] CRIMINAL LAW AND PROCEDURE 14-2-6528 State v. Walter P. Dorf Jr., App. Div. (6 pp.) In a case where defendant, while drunk, grabbed a woman’s buttocks, and then was convicted of fourth-degree criminal sexual misconduct, the PTI director and the prosecutor erred in denying defendant admission to the PTI program, since he had no record, apologized for the act, and does not exhibit any inclination to commit future sexual assaults, and the offense is not among those that generally should be rejected under the applicable guidelines. FEDERAL COURT CASES BANKRUPTCY — ENVIRONMENTAL LIENS 42-7-6529 In the matter of Perona Brothers Inc., U.S. Dist. Ct. (21 pp.) The bankruptcy court’s order, invalidating the state’s superpriority Spill Act environmental lien, and allowing the sale of the debtor’s property to a principal of the debtor free and clear of the lien, is reversed, since (1) although the lien was entered after the automatic stay was in place, the state’s interest in the property was created before the bankruptcy filing, and its post-filing perfection relates back, as a matter of law, to the pre-filing date of its creation, and (2) the bankruptcy court did not make a finding of the purchaser’s “good faith” as required by law. [Original opinion dated March 31, 1995 now approved for publication.] ENVIRONMENT — INTERVENTION 17-7-6530 U.S.A., et al. v. Jt. Mtg. of Essex and Union Counties, et al.; R.J. Longo Constr. Co., Inc., etc. v. Passaic Valley Sewerage Commrs., et al., U.S. Dist. Ct. (22 pp.) Company was properly denied right to intervene in an action involving sewerage authority’s compliance with federal and state laws prohibiting ocean dumping, since the company’s interests in the action arise solely out of its contractual relationship with the sewerage authority, and, even though the contracts were entered into by the authority in order to comply with the consent decree entered in the action, the company’s rights are governed solely by the contract and are not altered by any modifications of the consent decree. CRIMINAL LAW AND PROCEDURE — HABEAS CORPUS 14-7-6531 David Lambert v. Patrick Arvonio, et al., U.S. Dist. Ct. (50 pp.) Inmate’s petition for a writ of habeas corpus is denied because (1) inmate has not sustained his burden of proving that his co-conspirator committed perjury, and, although the inmate offered much evidence casting doubt on the witness’s credibility, these elements were before the jury, and could be judged by them; therefore the admission of the testimony was not erroneous, (2) even though co-conspirator’s testimony may have contained hearsay, there was substantial independent evidence that a conspiracy existed, and (3) the jury instructions were sufficient and proper, and the judge did not cross the line between guidance and coercion.

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