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Constitutional law

Borough of Harvey Cedars v. Karan

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and...

Gallenthin Realty Dev., Inc. v. Paulsboro, Borough of

The Supreme Court of New Jersey held that the New Jersey Constitution authorizes government redevelopment of "blighted areas" only. The case arose after a town classified a 63-acre parcel of largely vacant wetlands as "not fully...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atl. County

The court affirms a district court decision that New Jersey's solid waste flow control laws violate the U.S. Constitution's Commerce Clause, but reverses the lower court's decision to stay an injunction against enforcement of those laws...

Waste Management of Pennsylvania, Inc. v. Shinn

The court holds that New Jersey's self-sufficiency policy, whose goal is to eliminate the use of out-of-state disposal facilities by the year 2000, violates the Commerce Clause of the U.S. Constitution. The state implemented the policy...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey's solid-waste flow-control laws and regulations violate the Commerce Clause of the U.S. Constitution. The court first notes that the laws and regulations are subject to strict scrutiny because the Third...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court reverses and remands a district court decision that New Jersey's solid waste flow control regulations, which require each state district to designate a particular facility to process and dispose of all solid waste generated...