10-2-8385 In the Matter of the New Jersey Racing Commission, App. Div. (Messano, P.J.A.D.) (22 pp.) The Thoroughbred Breeders’ Association of New Jersey (the TBA) appealed from Gov. Chris Christie’s veto of the minutes of a meeting of the New Jersey Racing Commission. The commission decided to distribute $15 million collected by the Casino Redevelopment Authority (CRDA) for the purpose of augmenting “purse monies” at New Jersey racing venues. The TBA challenged the constitutionality of the legislative scheme, adopted as part of the creation of the Atlantic City Tourism District, that expressly permitted the commission to request the monies for this purpose and the CRDA to distribute them, but, at the same time, preserved the governor’s power to veto the commission’s minutes, thereby rendering any action taken null and void. We examined the various constitutional arguments made by the TBA and rejected them. The TBA also argued that, even if the legislative scheme was constitutional and the governor’s veto permissible, his action was arbitrary, capricious and unreasonable. We concluded that our usual standard of review applicable to executive agency action did not apply to the discretionary actions of the governor pursuant to an express legislative grant. [Decided Dec. 7, 2012.]
14-1-xxxx State v. Shaw, Sup. Ct. (Albin, J.) (36 pp.) The police did not have a reasonable, articulable suspicion of criminal activity to justify the investigatory detention, which was based on nothing more than a nonparticularized racial description of the person sought. The parole warrant was not an intervening circumstance that sufficiently purged the taint from the unlawful detention. [Decided Dec. 13, 2012.]
21-2-8387 Burke v. Brandes, App. Div. (Parrillo, P.J.A.D.) (12 pp.) Reversing the Law Division, we held that a request of the Governor’s Office for records concerning EZ Pass benefits afforded to retirees of the Port Authority, including correspondence between the Office of the Governor and the Port Authority, was not “overbroad” under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. [Decided Dec. 7, 2012.]
35-5-8134 North Brunswick Twp. v. Gochal, Tax Ct. (Menyuk, J.T.C.) (6 pp.) Plaintiff appealed from the judgment of the Middlesex County Board of Taxation. The court granted plaintiff’s motion to vacate the board’s judgment and restore the original assessment where the board’s judgment evidenced a true value for the subject property such that the ratio of the assessment to its true value fell within the common level range. [Decided Dec. 10, 2012.]