wisdom rule in New Jersey

2009Finally, it would permit a party who fostered an inadequate rulemaking record by his own admission to take advantage of the inadequacy of the factual record in order to secure de novo review of the wisdom of the rule. [ Ibid. ] Although the reporters responding in their comments took the opportunity to address the proposed rules, they did not *782 provide any documentation to support their claims.

1994Moreover, “it would permit a party who fostered an inadequate rulemaking record by his own omission to take advantage of the inadequacy of the factual record in order to secure de novo review of the wisdom of the rule.” Ibid.

2016A claim that an entire arbitration agreement is invalid will not go to the court unless the party challenges the particular sentences that delegate such claims to the arbitrator, on some contract ground that is particular' and unique to those sentences. [Ibid, (citing Buckeye, supra, 546 U.S. at 444 , 126 S.Ct at 1208 , 163 L.Ed.26. at 1042-43) (emphasis in original).] Thus, although they sharply disputed the wisdom of the rule stated in Rent-A-Center, the Supreme Court majority and dissenting opinions concurred on the scope of that rule.

2016A claim that an entire arbitration agreement is invalid will not go to the court unless the party challenges the particular sentences that delegate such claims to the arbitrator, on some contract ground that is particular' and unique to those sentences. [Ibid, (citing Buckeye, supra, 546 U.S. at 444 , 126 S.Ct at 1208 , 163 L.Ed.26. at 1042-43) (emphasis in original).] Thus, although they sharply disputed the wisdom of the rule stated in Rent-A-Center, the Supreme Court majority and dissenting opinions concurred on the scope of that rule.

2000The question is not whether the successor use is "essentially duplicative" of the use for which the variance was granted, as our dissenting colleagues suggest, post at 466, 744 A. 2d at 1185 , but rather whether, considering all relevant factors, the successor use is sufficiently similar to the variant use to afford it the benefit of the variance.

2000That possibility of Saks' sale, or its own conversion, to a busier, more intense retail department store use—which indisputably could rely on the earlier variances—points up the wisdom of the warning sounded by the New York Court of Appeals in Dexter, supra, 365 N.Y.S. 2d 506 , 324 N.E. 2d at 871 , that "all too often the administrative... determination seems to turn on the identity of the applicant or intended user, rather than upon neutral planning and zoning principles." The lesson is that in granting use variances boards of adjustment must anticipate that users in the same use category as

2000That possibility of Saks' sale, or its own conversion, to a busier, more intense retail department store use—which indisputably could rely on the earlier variances—points up the wisdom of the warning sounded by the New York Court of Appeals in Dexter, supra, 365 N.Y.S. 2d 506 , 324 N.E. 2d at 871 , that "all too often the administrative... determination seems to turn on the identity of the applicant or intended user, rather than upon neutral planning and zoning principles." The lesson is that in granting use variances boards of adjustment must anticipate that users in the same use category as

1975Finally, plaintiff asks us to reconsider the wisdom of the doctrine established in Berzito v. Gambino, supra , which allows a tenant a reduction in rent rather than obligate him to make repairs and claim only their actual cost.

1945The construction of this statute by this court in Lobsenz v. Koplow, supra , and Brody v. Keystone Holding Co., supra , is controlling here and absolves Steiker from liability to the complainant.

1945The construction of this statute by this court in Lobsenz v. Koplow, supra , and Brody v. Keystone Holding Co., supra , is controlling here and absolves Steiker from liability to the complainant.

1933As was stated by Chief-Justice Gummere, in Slack v. Rees, supra: `Its (the rule) purpose is not so much to afford protection to the donor against the consequences of undue influence exercised over her by the donee, as it is to afford her protection against the consequences of voluntary action on her part, induced by the existence of the relationship between them, the effect of which upon her own interests she may only partially understand or appreciate.' * * * "In my judgment, the case at bar strikingly demonstrates the wisdom of the rule, laid down in Hall v. Otterson, supra , and cases follo

1931Pearce v. Stines, 79 N.J.

1931In my judgment the case at bar strikingly demonstrates the wisdom of the rule, laid down in Hall v. Otterson, supra , and cases following, that "the burden of proof is thrown upon the person in whom the confidence is reposed, and who has acquired an advantage, to show affirmatively not only that no deception was practiced therein, no undue influence used, and that all was fair, open and voluntary, but that it was well understood." Considering the donor's testimony, in the light of the surrounding circumstances, as well as the other evidence in the case, I am constrained to the conclusion, to s