J.C. Chap. Prop. Owner's c. Assoc. v. City Council

132 Citing cases

  1. Levin v. Tp. Committee of Tp. of Bridgewater

    57 N.J. 506 (N.J. 1971)   Cited 57 times   1 Legal Analyses
    In Levin, supra, for example, we found that the parcels at issue were preventing the "proper development" of surrounding properties because they "had reached a stage of stagnation and unproductiveness."

    Since the subsection seems to have been rarely used or referred to in judicial decisions, it seems worthwhile to look into its legislative origins. Cf. Jersey City Chapter of the PropertyOwner's Protective Assoc. v. City Council of Jersey City, 55 N.J. 86 (1969). The Blighted Area Act was adopted originally by L. 1949, c. 187, N.J.S.A. 40:55-21.1 et seq.

  2. State v. New Jersey National Bank and Trust Co.

    298 A.2d 65 (N.J. 1972)   Cited 7 times

    See State v. Atlantic City ElectricCo., 23 N.J. 259, 272 (1957) (dissenting opinion); State v.United States Steel Corp., 22 N.J. 341, 355 (1956); State v.Sperry Hutchinson Co., 23 N.J. 38, 43 (1956). In J.C. Chap. Prop. Owner's, etc., Assoc. v. City Council, 55 N.J. 86 (1969), we recently had occasion to reiterate that matters of statutory construction do not generally turn on the so-called formal rules of interpretation but turn instead "on the breadth of the objectives of the legislation and the commonsense of the situation." 55 N.J. at 100.

  3. Bunk v. Port Authority of New York & New Jersey

    144 N.J. 176 (N.J. 1996)   Cited 56 times   1 Legal Analyses
    Holding New Jersey worker's compensation law applicable to Port Authority employee

    In cases such as this, where it is clear that the drafters of a statute did not consider or even contemplate a specific situation, this Court has adopted as an established rule of statutory construction the policy of interpreting the statute "consonant with the probable intent of the draftsman `had he anticipated the situation at hand.'" J.C.Chap. Prop. Owner's etc. Assoc. v. City Council, 55 N.J. 86, 101, 259 A.2d 698 (1969) (quoting Dvorkin v. Dover Tp., 29 N.J. 303, 315, 148 A.2d 793 (1959)); Safeway Trails, Inc. v. Furman, 41 N.J. 467, 197 A.2d 366, appeal dismissed and cert. den., 379 U.S. 14, 85 S.Ct. 144,13 L.Ed.2d 84 (1964). Such an interpretation will not "turn on literalisms, technisms or the so-called rules of interpretation; [rather] it will justly turn on the breadth of the objectives of the legislation and the commonsense of the situation."

  4. Matter of Woodhaven Lumber

    123 N.J. 481 (N.J. 1991)   Cited 10 times
    Protecting unpublished photographic materials

    '" Ibid. (quoting Blair, supra, 60 N.J. at 338, 288 A.2d 855). The court acknowledged as well that "`The matter of statutory construction here will not justly turn on literalisms. . . . [I]t will justly turn on the breadth of the objectives of the legislation and the commonsense [sic] of the situation.'" Ibid. (quoting Jersey City Chapter Property Owners Ass'n v. CityCouncil, 55 N.J. 86, 100, 259 A.2d 698 (1985)). Ultimately, the court, based on common parlance, defined "physical violence or property damage" to mean "physical injury or tangible property damage resulting from the exertion of force."

  5. Amerada Hess Corp. v. Div. of Tax

    107 N.J. 307 (N.J. 1987)   Cited 62 times
    Finding "the doctrine of probable legislative intent a more reliable guide than the so-called doctrine of legislative inaction. ‘Legislative inaction has been called a "weak reed upon which to lean" and a "poor beacon to follow" in construing a statute’ " (quoting 2A C. Sands, Sutherland Statutory Construction, § 49.10 (4th ed. 1984) )

    J.C. Chap. Prop. Owner'setc. Assoc. v. City Council, 55 N.J. 86, 101 (1969) (quoting Dvorkin v. Dover Tp., 29 N.J. 303, 315 (1959));

  6. AMN, Inc. v. Township of South Brunswick Rent Leveling Board

    93 N.J. 518 (N.J. 1983)   Cited 81 times
    Holding municipal zoning ordinances judicially construed under standards applicable to statutory construction

    In cases such as this, where it is clear that the drafters of a statute did not consider or even contemplate a specific situation, this Court has adopted as an established rule of statutory construction the policy of interpreting the statute "consonant with the probable intent of the draftsman `had he anticipated the situation at hand.'" J.C. Chap. Prop. Owner's etc. Assoc. v.City Council, 55 N.J. 86, 101 (1969) (quoting Dvorkin v.Dover Tp., 29 N.J. 303, 315 (1959)); Safeway Trails, Inc. v.Furman, 41 N.J. 467, appeal dismissed and cert. den., 379 U.S. 14, 85 S.Ct. 144, 13 L.Ed.2d 84 (1964). Such an interpretation will not "turn on literalisms, technisms or the so-called rules of interpretation; [rather] it will justly turn on the breadth of the objectives of the legislation and the commonsense of the situation."

  7. Donaldson v. Bd. of Ed. of No. Wildwood

    65 N.J. 236 (N.J. 1974)   Cited 52 times
    Holding that nontenured teacher was "entitled to a statement from the local board of education as to the reasons for her nonretention, and further that the teacher was entitled to an order by the Commissioner of Education directing the local board to give its reasons to the teacher

    It must be borne in mind that our Legislature has not at any time said that no reasons need be given when a nontenured teacher is not rehired. Bills bearing generally on the subject have been introduced periodically but thus far no pertinent legislation has been enacted; in the circumstances it is clear that no controlling inference as to intent may be drawn from the legislative silence. See Boys Markets v. Retail Clerks Union, 398 U.S. 235, 241-242, 90 S.Ct. 1583, 1587-1588, 26 L.Ed.2d 199, 205 (1970); Girouard v. United States, 328 U.S. 61, 69-70, 66 S.Ct. 826, 829-830, 90 L.Ed. 1084, 1090-1091 (1946); cf. J.C. Chap. Prop. Owner's c. Assoc. v. City Council, 55 N.J. 86, 95 (1969); Schmoll v. Creecy, 54 N.J. 194, 203 (1969); Fraser v. Robin Dee Day Camp, 44 N.J. 480, 486 (1965); Walls v. Horbach, 189 Neb. 479, 203 N.W.2d 490, 492 (1973); State v. Gorham, ___ Iowa ___, 206 N.W.2d 908, 913 (1973). The Legislature has established a tenure system which contemplates that the local board shall have broad discretionary authority in the granting of tenure and that once tenure is granted there shall be no dismissal except for inefficiency, incapacity, unbecoming conduct or "other just cause."

  8. Hartz Mt. Industries v. Jersey City

    22 N.J. Tax 84 (Tax 2004)   Cited 2 times
    Noting that the "right to use real estate" is a stick in the bundle of rights of ownership

    The Assessor's Office intends to document the dual ownership of the subject property for its 2004 Tax Duplicate. Additional support for the notion that airspace can be the subject of a local property tax assessment may be found in the New Jersey Supreme Court's opinion in Jersey City Chapter of the Property Owner's Protective Ass'n. v. City Council of Jersey City, 55 N.J. 86, 259 A.2d 698 (1969), in which the issue before the court was whether airspace could be blighted. While that case dealt with a different issue than the one before this court, the analysis employed by the Court in Jersey City Chapter is nevertheless relevant to the issue at hand and is helpful in resolving the present matter.

  9. DONNELLEY CORP. v. TAXATION DIV. DIR

    11 N.J. Tax 241 (Tax 1990)   Cited 4 times

    N.J. Builders, Owners and Managers Association v. Blair, 60 N.J. 330, 338, 288 A.2d 855 (1972). As our Supreme Court observed in Jersey City Chap. Prop. Owner's, etc., Assoc. v. City Council, 55 N.J. 86, 259 A.2d 698 (1969): When all is said and done, the matter of statutory construction here will not justly turn on literalisms, technisms or the so-called formal rules of interpretation; it will justly turn on the breadth of the objectives of the legislation and the commonsense of the situation.

  10. Brown v. Williams

    394 N.J. Super. 507 (App. Div. 2007)

    [ New Capitol Bar Grill Corp. v. Division of Empl. Sec. Dep't of Labor and Ind., 25 N.J. 155, 160, 135 A.2d 465 (1957).] [ Id. at 323-24, 741 A.2d 149.] See also, e.g., Jersey City Chapter Prop. Owners, etc. Ass'n v. City Council of Jersey City, 55 N.J. 86, 100, 259 A.2d 698 (1969); Dvorkin v. Dover Twp., 29 N.J. 303, 315, 148 A.2d 793 (1959). As respected and respectable as these approaches may be when construing and applying a statute or other writing, they cannot appropriately be used here.