constitutional or statutory violation (New Jersey) · Go Syfert
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constitutional or statutory violation in New Jersey

6 New Jersey opinions name it 2 courts 1954–2021 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 (5)

CaseFollowedCited
Ten Stary Dom Partnership v. T. Brent Mauro (069079)green
nj · 2013 · cited in 2 New Jersey opinions naming this issue, 2019–2020
2 sentences

2020In the absence of a constitutional or statutory violation, municipal action may be overturned only if it was "arbitrary, capricious or unreasonable." Ten Stary Dom P'ship v. Mauro, 216 N.J. 16, 33 (2013); Powerhouse Arts Dist.

2019See, e.g., Ten Stary Dom P'ship v. Mauro, 216 N.J. 16, 33 (2013); Powerhouse Arts Dist.

22
Gilbert v. Gladdengreen
nj · 1981 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021See Gilbert v. Gladden, 87 N.J. 275, 287 (1981) (noting "the selection of the manner in which elected representatives exercise their legitimate powers short of a constitutional or statutory violation cannot be remedied by the courts").

11
Padna v. City C'cil of Jersey Citygreen
njsuperctappdiv · 2010 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Neighborhood Ass'n v. City Council of Jersey City, 413 N.J.

11
American Trucking Assns., Inc. v. Smithgreen
scotus · 1990 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002However, as noted by the Justices whose view of civil retroactivity prevailed in Harper , the holding in Lemon II "concerned not the application of a new constitutional or statutory rule, but rather the relief that a federal court should award when applying the new law,” and that in remedy cases "consideration of reliance might be appropriate." American Trucking Assn. v. Smith, 496 U.S. 167, 223 , 110 S.Ct. 2323, 2355 , 110 L.Ed.2d 148, 189 (1990) (Stevens, J., dissenting).

2002However, as noted by the Justices whose view of civil retroactivity prevailed in Harper , the holding in Lemon II "concerned not the application of a new constitutional or statutory rule, but rather the relief that a federal court should award when applying the new law,” and that in remedy cases "consideration of reliance might be appropriate." American Trucking Assn. v. Smith, 496 U.S. 167, 223 , 110 S.Ct. 2323, 2355 , 110 L.Ed.2d 148, 189 (1990) (Stevens, J., dissenting).

11
Kligerman v. Lynchgreen
njsuperctappdiv · 1966 · cited in 1 New Jersey opinions naming this issue, 1981–1981
2 sentences

1981Kligerman v. Lynch, 92 N.J.Super. 373, 376-77 (Ch.Div.1966), ce rt. den., 389 U.S. 822 , 88 S.Ct. 49 , 19 L.Ed.2d 74 (1967).

1981Kligerman v. Lynch, 92 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
Kligerman v. Lynch neutral
scotus · 1967
1 sentence

1981Kligerman v. Lynch, 92 N.J.Super. 373, 376-77 (Ch.Div.1966), ce rt. den., 389 U.S. 822 , 88 S.Ct. 49 , 19 L.Ed.2d 74 (1967).

11981–1981
Smith v. Texas green
scotus · 1967
1 sentence

1981Kligerman v. Lynch, 92 N.J.Super. 373, 376-77 (Ch.Div.1966), ce rt. den., 389 U.S. 822 , 88 S.Ct. 49 , 19 L.Ed.2d 74 (1967).

11981–1981
Sioux City Bridge Co. v. Dakota County green
scotus · 1923
2 sentences

1954The conclusion is based on the principle that where it is impossible to secure both the standards of the true value, and the uniformity and equality required by law, the latter requirement is to be preferred as the just and ultimate purpose of the law.” Sioux City Bridge Co. v. Dakota County, 260 U. S. 441 , 43 S. Ct. 190 , 67 L.

1954The conclusion is based on the principle that where it is impossible to secure both the standards of the true value, and the uniformity and equality required by law, the latter requirement is to be preferred as the just and ultimate purpose of the law.” Sioux City Bridge Co. v. Dakota County, 260 U. S. 441 , 43 S. Ct. 190 , 67 L.

11954–1954

Where else courts name it

TX 205 (1980–2026) OH 15 (1982–2025) PA 14 (1960–2024) NY 13 (1973–2017) CA 10 (1998–2025) ME 7 (2003–2023) AZ 6 (2009–2018) NJ 6 (1954–2021) MT 6 (1986–2022) CT 5 (1997–2014) WV 5 (1996–2015) CO 5 (1994–2018) MA 4 (1965–2009) AL 4 (1950–2008) GA 3 (2009–2021) IL 3 (1985–1987) MD 3 (1990–2008) OR 3 (1991–2023) FL 3 (1997–2013) TN 2 (2001–2021) AR 2 (1991–1995) IA 2 (1971–2020) MO 2 (2011–2016) WY 2 (1978–1990) OK 2 (2005–2005)

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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