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24 New Jersey opinions name it 2 courts 1991–2025 6 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Toys \R\" Usgreen2 sentences2022A contested case is defined as: [A] proceeding, ... in which the legal rights, duties, obligations, privileges, benefits[,] or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of their interests, after opportunity for an agency hearing . . . . [N.J.S.A. 52:14B-2.] The Administrative Procedure Act, N.J.S.A. 52:14B-1 to -31, "does not create a substantive right to an administrative hearing; it merely provides for a procedure to be followed in the event 2021A contested case is defined under the APA as: [A] proceeding, . . . in which the legal rights, duties, obligations, privileges, benefits[,] or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of their interests, after opportunity for an agency hearing . . . . [N.J.S.A. 52:14B-2.] "The [APA] . . . does not create a substantive right to an administrative hearing; it merely provides for a procedure to be followed in the event an administrative hearing i | 3 | 3 |
In Re Amico/Tunnel Carwashgreen2 sentences2010Subsequently, in Amico/Tunnel Carwash, supra, 371 N.J.Super. at 199 , 852 A. 2d 277 , we held that neighboring residents had no right to an OAL hearing to contest a permit granted by the Meadowlands Commission to a service station owner who wanted to add a car wash to his existing business operations on the site. 2010Subsequently, in Amico/Tunnel Carwash, supra, 371 N.J.Super. at 199 , 852 A. 2d 277 , we held that neighboring residents had no right to an OAL hearing to contest a permit granted by the Meadowlands Commission to a service station owner who wanted to add a car wash to his existing business operations on the site. | 1 | 2 |
In Re Cartergreen1 sentence2024In re Carter, 191 N.J. 474, 482 (2007). | 1 | 1 |
Branch v. Dairygreen2 sentences2021See Branch, 459 N.J. 2021See Branch, 459 N.J. | 1 | 1 |
In Re Stream Encroachment Permitgreen2 sentences2020In re Stream Encroachment Permit, Permit No. 0200-04- 0002.1 FHA, 402 N.J. 2020In re Stream Encroachment Permit, Permit No. 0200-04- 0002.1 FHA, 402 N.J. | 1 | 1 |
Stroman v. Browngreen1 sentence2019Affirmed. 3 "As Vice Chancellor Bigelow said [over seventy years ago], 'An earthly court has no jurisdiction over the dead.'" Stroman v. Brown, 194 N.J. | 1 | 1 |
In re Fogliogreen1 sentence2018In re Foglio, 207 N.J. 38, 47 (2011); see also In the Matter of Michael Cervino (MSB, decided June 9, 2004); In the Matter of Michael Boylan (MSB, decided October 22, 2003) (holding it was within the appointing authority's discretion to bypass appellant due to two discrimination complaints against him, which could have resulted in disciplinary charges after being transferred to the OAL for a hearing); In the Matter of Gary R. | 1 | 1 |
In Re Virtua-West Jersey Hospital Voorhees for a Certificate of Needgreen1 sentence2018Voorhees for a Certificate of Need, 194 N.J. 413, 422 (2008).] When, as here, a contested case is submitted to the OAL for a hearing, the agency head must review the record submitted by the ALJ and give attentive consideration to the ALJ's initial decision. | 1 | 1 |
In Re Freshwater Wetlands Permitsgreen2 sentences2010In Freshwater Wetlands, supra, 185 N.J. at 464, 888 A. 2d 441 , the Court ruled that the possible exacerbation of flooding conditions upon nearby property was too speculative of any injury to provide the neighboring landowners with a right to an OAL hearing to challenge a wetlands permit. 2010In Freshwater Wetlands, supra, 185 N.J. at 464, 888 A. 2d 441 , the Court ruled that the possible exacerbation of flooding conditions upon nearby property was too speculative of any injury to provide the neighboring landowners with a right to an OAL hearing to challenge a wetlands permit. | 1 | 1 |
In re the Adoption of Regulations Governing Volatile Organic Substances in Consumer Productsgreen2 sentences2000See, In re Regulations Governing Volatile Organic Substances in Consumer Prod., 239 N.J.Super. 407, 413-14 , 571 A.2d 971 (App.Div.1990) (discussing changes that eviscerated the proposed rule’s scope). 2000See, In re Regulations Governing Volatile Organic Substances in Consumer Prod., 239 N.J.Super. 407, 413-14 , 571 A.2d 971 (App.Div.1990) (discussing changes that eviscerated the proposed rule’s scope). | 1 | 1 |
Roxbury Bd. of Ed. v. Milford Bd. of Ed.green2 sentences1998That was not done, and, thus we find nothing in the record that relieved the parents of the challenge presented to them by West Milford’s letter. [Id. at 516-17, 662 A.2d 976 ] We conclude that by joining plaintiff as a defendant and seeking tuition reimbursement where no question existed as to an IDEA protected education, East Brunswick implicated IDEA and its protections in this action. 1998That was not done, and, thus we find nothing in the record that relieved the parents of the challenge presented to them by West Milford’s letter. [Id. at 516-17, 662 A.2d 976 ] We conclude that by joining plaintiff as a defendant and seeking tuition reimbursement where no question existed as to an IDEA protected education, East Brunswick implicated IDEA and its protections in this action. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alexander S. v. Paramus Bor.
green
2 sentences1991It would impede the mission of COAH if a party raising a related legal question could, on that basis alone, assert the right to an *115 adversary evidentiary hearing before COAH or an OAL hearing of a contested case. [ 243 N.J. 1991It would impede the mission of COAH if a party raising a related legal question could, on that basis alone, assert the right to an *115 adversary evidentiary hearing before COAH or an OAL hearing of a contested case. [ 243 N.J. | 2 | 1991–1991 |
Wilson v. Wal-Mart Stores
green
1 sentence2025If a complainant chooses to bring his claim with the Division and the respondent in that matter defaults, "the Director shall serve notice of the entry of default and supporting affidavit upon the respondent." N.J.A.C. 13:4 -5.2(d). "[This] notice shall inform the respondent that the case will be transmitted to the OAL for a hearing on a default basis and the transmittal will occur [twenty] calendar days after service on the respondent of the notice of entry of default." Ibid. | 1 | 2025–2025 |
In Re Application of John madin/lordland Development International
green
2 sentences2021Further, contrary to appellants' claims, In re Madin/Lordland Development International for Pinelands Approval, 201 N.J. 2021Further, contrary to appellants' claims, In re Madin/Lordland Development International for Pinelands Approval, 201 N.J. | 1 | 2021–2021 |
In Re Riverview Development, LLC
green
1 sentence2019Short of a trial-type OAL hearing, "[t]he Legislature has maintained significant avenues for third-party objectors to present their concerns about proposed permits to agency decision-makers before they reach a final determination on a permit application." Riverview Dev., 411 N.J. | 1 | 2019–2019 |
New Jersey Division of Child Protection and Permanency
green
1 sentence2017Thus in V.E., we affirmed the dismissal of the Title Nine litigation, reversed the DCPP's denial of an adjudicative hearing and remanded the matter to the OAL for a hearing. 448 N.J. | 1 | 2017–2017 |
Murray v. Plainfield Rescue Squad
green
2 sentences2015In instances in which the Court must engage in the interpretation of a statute, our fundamental task “is to discern and effectuate the intent of the Legislature.” Murray v. Plainfield Rescue Squad, 210 N.J. 581, 592 , 46 A.3d 1262 (2012). 2015In instances in which the Court must engage in the interpretation of a statute, our fundamental task “is to discern and effectuate the intent of the Legislature.” Murray v. Plainfield Rescue Squad, 210 N.J. 581, 592 , 46 A.3d 1262 (2012). | 1 | 2015–2015 |
J.d. v. New Jersey Division of Developmental Disabilities
green
2 sentences2013Nor are we persuaded there are material facts in dispute that warrant an OAL hearing. “[N]ot every factual dispute need be referred to [the] OAL as a contested case.” J.D., supra, 329 N.J.Super. at 525 , 748 A.2d 613 . 2013Nor are we persuaded there are material facts in dispute that warrant an OAL hearing. “[N]ot every factual dispute need be referred to [the] OAL as a contested case.” J.D., supra, 329 N.J.Super. at 525 , 748 A.2d 613 . | 1 | 2013–2013 |
Matter of Application of County of Bergen
green
2 sentences2010However, such referral is discretionary. *753 In re Application of County of Bergen, 268 N.J.Super. 403, 413 , 633 A. 2d 1017 (App. Div.1993) (explaining that the agency head has the discretion to refer a case to the OAL for a hearing). 2010However, such referral is discretionary. *753 In re Application of County of Bergen, 268 N.J.Super. 403, 413 , 633 A. 2d 1017 (App. Div.1993) (explaining that the agency head has the discretion to refer a case to the OAL for a hearing). | 1 | 2010–2010 |
Mount Laurel Tp. v. Mipro Homes
green
2 sentences2006Mount Laurel Township v. Mipro Homes, 379 N.J.Super. 358 , 878 A.2d 38 (App.Div.2005), certif. granted, 186 N.J. 241 , 892 A.2d 1288 (2006), is not on point either. 2006Mount Laurel Township v. Mipro Homes, 379 N.J.Super. 358 , 878 A.2d 38 (App.Div.2005), certif. granted, 186 N.J. 241 , 892 A.2d 1288 (2006), is not on point either. | 1 | 2006–2006 |
Spalt v. New Jersey DEP
green
2 sentences2006Id. at 212-13 , 567 A.2d 264 . 2006Id. at 212-13 , 567 A.2d 264 . | 1 | 2006–2006 |
Hills Development v. Bernards Tp.
green
2 sentences2006Relying on Hills Development v. Bernards Township, 229 N.J.Super. 318 , 551 A.2d 547 (App.Div.1988), Del Ben contends that he was entitled to an OAL hearing on whether DEP stormwater regulations, N.J.A.C. 7:8-1.1 to -6.3, would reduce his ability to develop his property. 2006Relying on Hills Development v. Bernards Township, 229 N.J.Super. 318 , 551 A.2d 547 (App.Div.1988), Del Ben contends that he was entitled to an OAL hearing on whether DEP stormwater regulations, N.J.A.C. 7:8-1.1 to -6.3, would reduce his ability to develop his property. | 1 | 2006–2006 |
State v. Pitcher
green
2 sentences2006Mount Laurel Township v. Mipro Homes, 379 N.J.Super. 358 , 878 A.2d 38 (App.Div.2005), certif. granted, 186 N.J. 241 , 892 A.2d 1288 (2006), is not on point either. 2006Mount Laurel Township v. Mipro Homes, 379 N.J.Super. 358 , 878 A.2d 38 (App.Div.2005), certif. granted, 186 N.J. 241 , 892 A.2d 1288 (2006), is not on point either. | 1 | 2006–2006 |
Mtg. Bankers v. NJ Real Estate
neutral
2 sentences2000Finally, the ALJ was charged with the task of recommending to both the Commission and to the Commissioner the substance of new regulations that each agency might adopt to enforce the statute in a *121 way that would complement the Commission's interpretation. [ Id. at 238-39, 661 A. 2d 832 .] After the extensive OAL hearing the ALJ "issued an initial decision and report that is comprehensive, detailed, clear and sensitive to the viewpoints of all parties." Id. at 239 , 443 A. 2d 773 . 2000Finally, the ALJ was charged with the task of recommending to both the Commission and to the Commissioner the substance of new regulations that each agency might adopt to enforce the statute in a *121 way that would complement the Commission's interpretation. [ Id. at 238-39, 661 A. 2d 832 .] After the extensive OAL hearing the ALJ "issued an initial decision and report that is comprehensive, detailed, clear and sensitive to the viewpoints of all parties." Id. at 239 , 443 A. 2d 773 . | 1 | 2000–2000 |
State v. Weir
green
2 sentences2000Finally, the ALJ was charged with the task of recommending to both the Commission and to the Commissioner the substance of new regulations that each agency might adopt to enforce the statute in a *121 way that would complement the Commission's interpretation. [ Id. at 238-39, 661 A. 2d 832 .] After the extensive OAL hearing the ALJ "issued an initial decision and report that is comprehensive, detailed, clear and sensitive to the viewpoints of all parties." Id. at 239 , 443 A. 2d 773 . 2000"The [Real Estate] Commission adopted the ALJ's initial decision and both agencies drew heavily on his report when they enacted new regulations." Ibid. | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.