statutory right challenge (New Jersey) · Go Syfert
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statutory right challenge in New Jersey

8 New Jersey opinions name it 2 courts 1982–2025 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.

Followed or applied (6)

CaseFollowedCited
Blessing v. Freestonegreen
scotus · 1997 · cited in 3 New Jersey opinions naming this issue, 2014–2018
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

13
Gonzaga University v. Doegreen
scotus · 2002 · cited in 2 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

12
Daniel Tumpson v. James Farina (072813)green
nj · 2014 · cited in 2 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

12
First Union National Bank v. Penn Salem Marina, Inc.green
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025We recognize "[t]he doctrines of collateral estoppel, issue preclusion, res judicata, and the like serve the important policy goals of 'finality and repose; prevention of needless litigation; avoidance of duplication; reduction of unnecessary burdens of time and expenses; elimination of conflicts, confusion[,] and uncertainty; and basic fairness.'" First Union Nat'l Bank v. Penn Salem Marina, Inc., 190 N.J. 342, 352 (2007) (quoting Hackensack v. Winner, 82 N.J. 1, 32-33 (1980)).

11
City of Hackensack v. Winnergreen
nj · 1980 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025We recognize "[t]he doctrines of collateral estoppel, issue preclusion, res judicata, and the like serve the important policy goals of 'finality and repose; prevention of needless litigation; avoidance of duplication; reduction of unnecessary burdens of time and expenses; elimination of conflicts, confusion[,] and uncertainty; and basic fairness.'" First Union Nat'l Bank v. Penn Salem Marina, Inc., 190 N.J. 342, 352 (2007) (quoting Hackensack v. Winner, 82 N.J. 1, 32-33 (1980)).

11
Spalt v. New Jersey DEPgreen
njsuperctappdiv · 1989 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019However, "[f]ear of damage to one's recreational interest or generalized property rights shared with other property owners is insufficient to demonstrate a particularized property right or other special interest." Spalt[ v. DEP, 237 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Matter of Farmers'mut. Fire Assur. green
njsuperctappdiv · 1992
1 sentence

1995Fire Assurance Ass'n of N.J., 256 N.J.

11995–1995
House v. Carter-Wallace, Inc. green
nj · 1989
1 sentence

1991Id.

11991–1991
79-83 Thirteenth Avenue, Ltd. v. DeMarco green
nj · 1965
1 sentence

1982In such instance the mortgagor could not assert the statutory right to claim credit for the fair value of the mortgaged property. 79-83 Thirteenth Ave., Ltd. v. DeMarco, supra, 44 N.J. at 529 .

11982–1982

Statutes the citing opinions construe

NJ § N.J. Stat. § 1:1-1 (3) NJ § N.J. Stat. § 40:69A-185 (3)

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.

Where else courts name it

CA 29 (1942–2023) NY 11 (1959–2022) TX 10 (1943–2025) IA 10 (2009–2019) CO 9 (1926–2009) NJ 8 (1982–2025) PA 8 (1983–2025) OK 6 (1932–2025) CT 6 (1991–2026) IL 6 (1982–2026) OR 5 (1986–2010) OH 5 (1994–2026) DC 5 (1975–2024) KS 4 (2004–2023) WY 4 (1992–1997) MA 3 (2007–2026) MN 3 (1980–2017) NM 3 (1992–2022) MT 3 (2000–2004) KY 3 (2010–2025) TN 2 (2012–2013) IN 2 (1986–2001) AL 2 (1936–2000) WV 2 (2021–2024) DE 2 (1968–2025) AR 2 (2008–2023) LA 2 (1987–1993) WA 2 (1977–2014)

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.

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