Legal Research

Mesivta Ohr Torah of Lakewood v. Township of Lakewood
TAXATION - Local Property Tax - Parsonage Exemption
The two houses owned by plaintiff qualify for exemption from local property tax as parsonages under N.J.S.A. 54:4-3.6.

State v. Amelio
CRIMINAL PRACTICE - Drunk Driving - Motor Vehicle Stops - Search and Seizure
"Defendant's 17-year-old daughter's call to police, in which she identified herself, saying that her father was driving drunk, gave police a reasonable and articulable suspicion to stop his car. "

Riverside Chiropractic Group et al. v. Mercury Ins. Co.
INSURANCE - Appellate Review - Arbitration ? PIP
"The APDRA's statutory bar to appellate review of a judgment affirming an arbitration award regarding personal injury protection (PIP) costs is constitutional as applied where plaintiff waived the right to appeal by choosing arbitration."

Riya Finnegan, L.L.C. v. Township Council of the Township of South Brunswick
LAND USE - Rezoning - Inverse Spot Zoning
"The ordinance that was adopted by the municipality's governing body, which rezoned the parcel of land at issue, was arbitrary and capricious and constituted impermissible inverse spot zoning. "

Lucent Technologies Inc. v. Berkeley Heights Township
TAXATION - Assessment Practices
"Plaintiff-taxpayer did not overcome the presumption of reasonableness that attached to the data and methodology used by the assessor in setting the challenged tax assessments."

FEDERAL DECISIONS:

Campanello v. Port Authority of New York & New Jersey et al.
GOVERNMENT - False Arrest - Malicious Prosecution
"Because plaintiff was not given the opportunity to put forth evidence to prove that no probable cause existed at the time of his arrest, his claims for false arrest and malicious prosecution survive defendants' motion to dismiss."

HT of Highlands Ranch Inc. et al. v. Hollywood Tanning Systems Inc. et al.
CONTRACTS - Franchises - Arbitration Clause - Assignment - RICO Claims
"Because Hollywood Tanning assigned the entirety of its rights under the franchise agreements to HT Franchising, including its right to compel arbitration, defendants' motion to dismiss and compel arbitration is denied. Plaintiffs' RICO and common-law fraud claims survive defendant's motion to dismiss for failure to plead facts with sufficient particularity. Plaintiffs' unjust-enrichment claim is dismissed where an express contract governs."

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