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13 New Jersey opinions name it 2 courts 1991–2022 1 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 |
|---|---|---|
Metromedia, Inc. v. Director, Division of Taxationgreen2 sentences2022We agree with the Attorney General that Metromedia does not apply to the Directive because "an APA exception applies." The Directive is intended to have wide coverage and concerns a "large segment of the regulated or general public, rather than an individual or a narrow select group." Metromedia, 97 N.J. at 331 . 2022We agree with the Attorney General that Metromedia does not apply to the Directive because "an APA exception applies." The Directive is intended to have wide coverage and concerns a "large segment of the regulated or general public, rather than an individual or a narrow select group." Metromedia, 97 N.J. at 331 . | 1 | 5 |
In re the Provision of Basic Generation Servicegreen2 sentences2017In fact, "[t]he purpose of the APA rulemaking procedures is 'to give those affected by the proposed rule an opportunity to participate in the process, both to ensure fairness and also to inform regulators of consequences which they may not have anticipated.'" In re Provision of Basic Generation Serv. for Period Beginning June 1 2008, 205 N.J. 339, 349 (2011) (quoting In re Adoption of 2003 Low Income Hous. 2017In fact, "[t]he purpose of the APA rulemaking procedures is 'to give those affected by the proposed rule an opportunity to participate in the process, both to ensure fairness and also to inform regulators of consequences which they may not have anticipated.'" In re Provision of Basic Generation Serv. for Period Beginning June 1 2008, 205 N.J. 339, 349 (2011) (quoting In re Adoption of 2003 Low Income Hous. | 1 | 1 |
Cunningham v. Department of Civil Servicegreen2 sentences2006Waste Serv., Inc., 153 N.J.Super. 232, 237 , 379 A.2d 476 (App.Div.1977); see also Cunningham v. Dep’t of Civil Serv., 69 N.J. 13 , 350 A.2d 58 (1975) (recognizing APA hearing right also based on administrative fairness when requestor demonstrates specialized property interest about which contested adjudicative factual issues are in dispute). 2006Waste Serv., Inc., 153 N.J.Super. 232, 237 , 379 A.2d 476 (App.Div.1977); see also Cunningham v. Dep’t of Civil Serv., 69 N.J. 13 , 350 A.2d 58 (1975) (recognizing APA hearing right also based on administrative fairness when requestor demonstrates specialized property interest about which contested adjudicative factual issues are in dispute). | 1 | 1 |
In Re the License of Fanelligreen2 sentences2006See In re License of Fanelli, 174 N.J. 165, 172-73 , 803 A.2d 1146 (2002) (discussing APA hearing right for license revocation); see also 37 New Jersey Practice, Administrative Law and Practice § 4.6 (Lefelt, et al.) (2005). 2006See In re License of Fanelli, 174 N.J. 165, 172-73 , 803 A.2d 1146 (2002) (discussing APA hearing right for license revocation); see also 37 New Jersey Practice, Administrative Law and Practice § 4.6 (Lefelt, et al.) (2005). | 1 | 1 |
Limongelli v. New Jersey State Board of Dentistrygreen2 sentences1997See Limongelli v. New Jersey State Bd. of Dentistry, 137 N.J. 317, 325 , 645 A.2d 677 (1993) (“notice and an ALJ hearing are required under the APA only when a hearing is required under (1) the United States Constitution, (2) the New Jersey Constitution, or (3) another New Jersey Statute.”); High Horizons Dev. v. Department of Transp., 120 N.J. 40, 54 , 575 A.2d 1360 (1990). 1997See Limongelli v. New Jersey State Bd. of Dentistry, 137 N.J. 317, 325 , 645 A.2d 677 (1993) (“notice and an ALJ hearing are required under the APA only when a hearing is required under (1) the United States Constitution, (2) the New Jersey Constitution, or (3) another New Jersey Statute.”); High Horizons Dev. v. Department of Transp., 120 N.J. 40, 54 , 575 A.2d 1360 (1990). | 1 | 1 |
cluster 518773green2 sentences1993LeCrone may not bring HUD into state court on the basis of an APA claim and then attempt to circumvent section 702's limited waiver of sovereign immunity by relying upon the waiver contained in 12 U.S.C. § 1702 . [ Federal Nat'l Mortgage Ass'n v. LeCrone, supra, 868 F. 2d at 193 (emphasis added)]. 1993LeCrone may not bring HUD into state court on the basis of an APA claim and then attempt to circumvent section 702's limited waiver of sovereign immunity by relying upon the waiver contained in 12 U.S.C. § 1702 . [ Federal Nat'l Mortgage Ass'n v. LeCrone, supra, 868 F. 2d at 193 (emphasis added)]. | 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 |
|---|---|---|
New Jersey Builders Ass'n v. New Jersey Department of Environmental Protection
green
2 sentences2017Based on the record before us, we have no way of discerning whether this impact on recovery houses is "incidental or unsubstantial," or if it impacts "interests or rights that do not rise to a level needing the protection afforded by the APA rule- making procedures." Builder's Ass'n, supra, 306 N.J. 2017Based on the record before us, we have no way of discerning whether this impact on recovery houses is "incidental or unsubstantial," or if it impacts "interests or rights that do not rise to a level needing the protection afforded by the APA rule- making procedures." Builder's Ass'n, supra, 306 N.J. | 2 | 2017–2022 |
Matter of Certain Amendments
green
2 sentences1993The Appellate Division determined that the redirection order was a "rule" as defined by the APA, and therefore was subject to the APA rule-making procedures. 258 N.J. 1993The Appellate Division determined that the redirection order was a "rule" as defined by the APA, and therefore was subject to the APA rule-making procedures. 258 N.J. | 2 | 1993–1993 |
Woodland Private Study Group v. State
green
2 sentences2022This means asking not simply whether a legitimate interest is implicated, but whether the agency action burdens, abridges, or "jeopardize[s]" those interests, id. at 71 (quoting Batterton, 648 F.2d at 708 ), such that "the protection afforded by the APA rule-making procedures" applies. 2022This means asking not simply whether a legitimate interest is implicated, but whether the agency action burdens, abridges, or "jeopardize[s]" those interests, id. at 71 (quoting Batterton, 648 F.2d at 708 ), such that "the protection afforded by the APA rule-making procedures" applies. | 1 | 2022–2022 |
Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of Labor
green
2 sentences2022This means asking not simply whether a legitimate interest is implicated, but whether the agency action burdens, abridges, or "jeopardize[s]" those interests, id. at 71 (quoting Batterton, 648 F.2d at 708 ), such that "the protection afforded by the APA rule-making procedures" applies. 2022This means asking not simply whether a legitimate interest is implicated, but whether the agency action burdens, abridges, or "jeopardize[s]" those interests, id. at 71 (quoting Batterton, 648 F.2d at 708 ), such that "the protection afforded by the APA rule-making procedures" applies. | 1 | 2022–2022 |
McGill v. New Jersey State Parole Board
green
2 sentences2017Super. 549, 573-74 (App. Div. 2011) 9 A-3913-14T2 ("[d]isagreement with a reasoned, supported agency determination does not give rise to an APA violation"), certif. denied, 210 N.J. 108 (2012). 2017Super. 549, 573-74 (App. Div. 2011) 9 A-3913-14T2 ("[d]isagreement with a reasoned, supported agency determination does not give rise to an APA violation"), certif. denied, 210 N.J. 108 (2012). | 1 | 2017–2017 |
In re Adoption of N.J.A.C. 5:94
green
2 sentences2015The Board again split 3-3, resulting in COAH’s failure to adopt the regulations in time for transmission to the Office of Administrative Law (OAL) for publication in the November 17 New Jersey Register, as required by the APA for rule adoption. 4 "The [S]econd [R]ound [R]ules define[d] reallocated present need as 'the share of excess deterioration in a region transferred to all communities of the region with the exception of Urban Aid Cities.’ ” In re Adoption of N.J.A.C. 5:94 & *31 5:95, supra, 390 N.J.Super. at 57 , 914 A.2d 348 (quoting N.J.A.C. 5:93, Appendix A at 93-52). 2015The Board again split 3-3, resulting in COAH’s failure to adopt the regulations in time for transmission to the Office of Administrative Law (OAL) for publication in the November 17 New Jersey Register, as required by the APA for rule adoption. 4 "The [S]econd [R]ound [R]ules define[d] reallocated present need as 'the share of excess deterioration in a region transferred to all communities of the region with the exception of Urban Aid Cities.’ ” In re Adoption of N.J.A.C. 5:94 & *31 5:95, supra, 390 N.J.Super. at 57 , 914 A.2d 348 (quoting N.J.A.C. 5:93, Appendix A at 93-52). | 1 | 2015–2015 |
In Re App. of Modern Indus. Waste Service
green
2 sentences2006Waste Serv., Inc., 153 N.J.Super. 232, 237 , 379 A.2d 476 (App.Div.1977); see also Cunningham v. Dep’t of Civil Serv., 69 N.J. 13 , 350 A.2d 58 (1975) (recognizing APA hearing right also based on administrative fairness when requestor demonstrates specialized property interest about which contested adjudicative factual issues are in dispute). 2006Waste Serv., Inc., 153 N.J.Super. 232, 237 , 379 A.2d 476 (App.Div.1977); see also Cunningham v. Dep’t of Civil Serv., 69 N.J. 13 , 350 A.2d 58 (1975) (recognizing APA hearing right also based on administrative fairness when requestor demonstrates specialized property interest about which contested adjudicative factual issues are in dispute). | 1 | 2006–2006 |
K.P. v. Albanese
green
1 sentence2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation | 1 | 2001–2001 |
Fisher v. Chubb & Son, Inc.
green
1 sentence2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation | 1 | 2001–2001 |
KP v. Albanese
green
2 sentences2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation 2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation | 1 | 2001–2001 |
Federal Pacific Electric Co. v. New Jersey Department of Environmental Protection
green
2 sentences2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation 2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation | 1 | 2001–2001 |
Dial v. DEPT. OF COM. AFFAIRS
green
2 sentences2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation 2001Prot., 334 N.J.Super. 323, 342-43 , 759 A. 2d 851 (App.Div.2000) (holding that the remediation standards promulgated by the DEP were invalid because the DEP did not comply with the APA's rule-making procedures); D.I.A.L., Inc. v. New Jersey Dep't of Cmty. Affairs, 254 N.J.Super. 426, 438 , 603 A. 2d 967 (App.Div.1992) (stating that "[a]ny regulation not promulgated in `substantial compliance' with the APA procedures is invalid"); K.P. v. Albanese, 204 N.J.Super. 166, 180 , 497 A. 2d 1276 (App.Div.), certif. denied, 102 N.J. 355 , 508 A. 2d 225 (1985) (concluding that the "challenged regulation | 1 | 2001–2001 |
High Horizons Dev. v. Dept. of Transp.
green
2 sentences1997See Limongelli v. New Jersey State Bd. of Dentistry, 137 N.J. 317, 325 , 645 A.2d 677 (1993) (“notice and an ALJ hearing are required under the APA only when a hearing is required under (1) the United States Constitution, (2) the New Jersey Constitution, or (3) another New Jersey Statute.”); High Horizons Dev. v. Department of Transp., 120 N.J. 40, 54 , 575 A.2d 1360 (1990). 1997See Limongelli v. New Jersey State Bd. of Dentistry, 137 N.J. 317, 325 , 645 A.2d 677 (1993) (“notice and an ALJ hearing are required under the APA only when a hearing is required under (1) the United States Constitution, (2) the New Jersey Constitution, or (3) another New Jersey Statute.”); High Horizons Dev. v. Department of Transp., 120 N.J. 40, 54 , 575 A.2d 1360 (1990). | 1 | 1997–1997 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.