instrumentality seeking immunity (New Jersey) · Go Syfert
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instrumentality seeking immunity in New Jersey

7 New Jersey opinions name it 2 courts 1976–2018 0 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 (3)

CaseFollowedCited
Rutgers v. Pilusogreen
nj · 1972 · cited in 7 New Jersey opinions naming this issue, 1976–2018
2 sentences

2018The factors the Court listed as the "most obvious and common" are the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned[,] and the impact upon legitimate local interests. [ Id. at 153 , 286 A.2d 697 .] The Court emphasized the need for a case-by-case approach.

2018The factors the Court listed as the "most obvious and common" are the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned[,] and the impact upon legitimate local interests. [ Id. at 153 , 286 A.2d 697 .] The Court emphasized the need for a case-by-case approach.

27
Berger v. Stategreen
nj · 1976 · cited in 1 New Jersey opinions naming this issue, 1978–1978
1 sentence

1978At that time, the staff will be on duty 16 hours a day until the patients leave for independent living arrangements. [4] "* * * There are no precise criteria." Such intent, which is seldom expressed, "is to be gleaned from a number of factors, including the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests." Berger v. State, 71 N.J. at 218; Rutgers v. Piluso, 60 N.J

11
LONG BRANCH DIVISION, ETC. v. Cowangreen
njsuperctappdiv · 1972 · cited in 1 New Jersey opinions naming this issue, 1978–1978
1 sentence

1978At that time, the staff will be on duty 16 hours a day until the patients leave for independent living arrangements. [4] "* * * There are no precise criteria." Such intent, which is seldom expressed, "is to be gleaned from a number of factors, including the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests." Berger v. State, 71 N.J. at 218; Rutgers v. Piluso, 60 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 (2)

CaseCitedYears
Township of Washington v. Village of Ridgewood green
nj · 1958
1 sentence

1978Super. 306, 309 (App. Div. 1972), certif. den. 62 N.J. 86 (1972); Washington Tp. v. Ridgewood, 26 N.J. 578 (1958) (abolishing the governmental proprietory distinctions); Aviation Services v. Hanover Tp.

11978–1978
Long Branch Division of the United Civic v. Cowan neutral
nj · 1972
1 sentence

1978Super. 306, 309 (App. Div. 1972), certif. den. 62 N.J. 86 (1972); Washington Tp. v. Ridgewood, 26 N.J. 578 (1958) (abolishing the governmental proprietory distinctions); Aviation Services v. Hanover Tp.

11978–1978

Where else courts name it

NY 15 (1988–2024) NJ 7 (1976–2018) RI 3 (1992–2020)

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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