State v. Channel Home Centers

11 Citing cases

  1. State v. Dixon

    114 N.J. 111 (N.J. 1989)   Cited 15 times
    Finding that is not unfair to suggest to the jury that in evaluating the offense of possession of an unlicensed weapon, it may infer from non-production of the license that the gun was unlicensed

    As observed by the Appellate Division, these interpretative rules underscore the "court's responsibility `to give harmonizing construction to legislation and to read it so as to give effect to all of its provisions and to the legislators will.'" Dixon, 220 N.J. Super. at 557 (quoting State v. Channel HomeCenters, 199 N.J. Super. 483, 489 (App.Div.), certif. den., 93 N.J. 253 (1985)).

  2. Logic Planet, Inc. v. Uppala

    442 N.J. Super. 488 (Law Div. 2015)   Cited 2 times   1 Legal Analyses
    Finding plaintiff, "a company specializing in the placement of information technology . . . consultants" to be an employment agency

    The words of a statute must be given their common-sense meaning in the context of the entire statute, which should be afforded a โ€œharmonizing construction and read so as to give effect to all of its provisions and to the legislative will.โ€ State v. Channel Home Ctrs., 199 N.J.Super. 483, 489, 489 A.2d 1225 (App.Div.1985). Statutes must, if reasonably possible, be accorded a construction that is sensible and consonant with reason and good discretion, rather than one that leads to absurd consequences.

  3. In re Adoption of the Monroe Twp. Hous. Element & Fair Share Plan & Implementing Ordinances

    442 N.J. Super. 565 (Law Div. 2015)   Cited 2 times

    State v. Tischio, 107 N.J. 504, 510, 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113, 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143, 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448, 55 A.3d 65 (2013).State v. Channel Home Ctrs., 199 N.J.Super. 483, 489, 489 A.2d 1225 (App.Div.1985); see also Horwitz v. Reichenstein, 15 N.J. 6, 8, 103 A.2d 881 (1954) (where a statute is ambiguous, it is the duty of the judiciary to choose that construction which will carry out the legislative intent of the statute as a whole); Beard v. Aldrich, 106 N.J.L. 266, 149 A. 57 (Sup.Ct.1930) (courts must adopt that construction of a statute which reconciles and gives reasonable meaning to all its provisions); Cressey v. Campus Chefs, Div. of CVI Serv., Inc., 204 N.J.Super. 337, 342โ€“43, 498 A.2d 1274 (App.Div.1985) (the judiciary is obligated โ€œto respect the legislative intention by interpreting the statute in a common-sense manner which advances the legislative purpose.โ€) N.J.S.A. 52:27Dโ€“329.2(a) unambiguously provides that โ€œa municipality may not spend or commit to spend any affordable housing development fees ... without first obtaining [COAH's] approval of the expenditure.โ€

  4. Logic Planet, Inc. v. Uppala

    Civil Action DOCKET NO. L-1397-14 (Law Div. Mar. 20, 2015)

    The words of a statute must be given their common-sense meaning in the context of the entire statute, which should be afforded a "harmonizing construction and read so as to give effect to all of its provisions and to the legislative will." State v. Channel Home Ctrs., 199 N.J. Super. 483, 489 (App. Div. 1985). Statutes must, if reasonably possible, be accorded a construction that is sensible and consonant with reason and good discretion, rather than one that leads to absurd consequences.

  5. State v. Perry

    439 N.J. Super. 514 (App. Div. 2015)   Cited 31 times
    Recognizing a court should interpret a statute according to "its ordinary meaning and construe it in a common-sense manner"

    Statutes โ€œmust give persons of ordinary intelligence fair notice of what conduct is prohibited and what consequences may follow violation of the law.โ€ State v. Channel Home Ctrs., 199 N.J.Super. 483, 489, 489 A. 2d 1225 (App.Div.1985). โ€œIt is, therefore, inappropriate to supply missing connections in criminal statutes that persons of ordinary intelligence would not discover.โ€

  6. State ex Rel. J.P.F

    368 N.J. Super. 24 (App. Div. 2004)   Cited 34 times
    Drawing inferences on appeal "[f]rom the totality of the [trial] judge's findings

    Reconciliation of conflicting legislative enactments requires judicial consideration of legislative intent in an effort to construe the provisions in such a manner that will give effect to both provisions and to the legislative will. State v. Channel Home Ctrs.,199 N.J.Super. 483, 489, 489 A.2d 1225 (App.Div. 1985); see also Sutherland Statutory Construction ยง 46, at 103 (5th ed. 1992). The purpose of the non-disclosure provisions of the Juvenile Code is to foster rehabilitation of the juvenile.

  7. In the Matter of Registrant T.S

    364 N.J. Super. 1 (App. Div. 2003)   Cited 7 times
    Recognizing that "there must be a sex offense . . . to trigger applicability of Megan's Law"

    We should give a harmonizing construction to legislation and read it so as to give effect to all of its provisions and to the legislative will. State v. Channel Home Ctrs., 199 N.J. Super. 483, 489 (App.Div. 1985). See Hillsdale P.B.A. Local 207 v. Borough of Hillsdale, 263 N.J. Super. 163, 185 n. 13 (App.Div. 1993), aff'd in part, rev'd in part, 137 N.J. 71 (1994); see also Sutherland Statutory Construction ยง 46.05, at 103 (5th ed. 1992).

  8. Raubar v. Raubar

    315 N.J. Super. 353 (App. Div. 1998)   Cited 4 times

    The court cannot supply, however every legislative omission or ignore statutory changes made deliberately by the Legislature. State v. Channel Home Centers, 199 N.J. Super. 483, 489 A.2d 1225 (App.Div. 1985). Statutes in pari materia must all be viewed together in ascertaining legislative intent.

  9. State v. Dixon

    220 N.J. Super. 550 (App. Div. 1987)   Cited 3 times

    However, this principle is subject to another well-established principle that it is a court's responsibility "to give harmonizing construction to legislation and to read it so as to give effect to all of its provisions and to the legislators will." State v. Channel Home Centers, 199 N.J. Super. 483, 489 (App.Div. 1985), certif. den., 93 N.J. 253.

  10. State v. Somma

    215 N.J. Super. 142 (Law Div. 1986)   Cited 2 times

    N.J.S.A. 39:3-40 is penal in nature and must be strictly construed. State v. Channel Home Centers, 199 N.J. Super. 483 (App.Div. 1985). Since the period of suspension ended on August 31, 1984, the defendant cannot be found guilty of a violation of N.J.S.A. 39:3-40 for operation of his motor vehicle on November 5, 1985.