finediony New Jersey news: Court

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Friday, October 5, 2012

Court: New Jersey beach club must open entire beach

Eyewitness NewsTRENTON, N.J. -- A state appellate panel has ruled that a central New Jersey beach club must open its entire beach to nonmembers.

In their 23-page ruling issued Friday, the judges said the public cannot be shut out because the beach in front of the Sea Bright Beach Club was created through beach replenishment funded by taxpayers.

The Star-Ledger of Newark (http://bit.ly/Qx2l1Q) reports the ruling invalidates a 1993 agreement between the state Department of Environmental Protection and the beach club, which allowed the club to prevent nonmembers from sitting on the sand there.

The state had reached that agreement with the nine beach clubs in Sea Bright in exchange for easements along their oceanfront properties for a beach replenishment project that transformed Sea Bright beaches from a narrow strip to a wide sandy field. The general public was allowed to walk through only a 15-foot-wide path just above the water line, but couldn't set down beach chairs or towels and couldn't stop to fish, swim or surf.

The state sued the beach clubs in 2006 seeking to revise the 1993 agreement to allow the public full use of the beach, and eight of the clubs eventually settled. However, the Sea Bright Beach Club held out, contending the wide beaches wouldn't have been possible if the beach club hadn't granted the easements.

A state judge voided the 1993 agreement in 2010. But while this appeal was pending, the state and the beach club reached an interim pact giving the general public access to an 80-foot stretch on the club's northernmost border.

"We are pleased that the court vindicated the public's right to access these beaches, particularly since public funds were utilized to re-build them," state Division of Law Director Christopher Porrino told the newspaper.

David Apy, the beach club's attorney, said a decision on whether to appeal the appellate court decision to the state Supreme Court will be made after he reviews the ruling and discuss it with beach club officials.

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Thursday, May 31, 2012

Patrick the pit bull's ex-owner gets new court date

Eyewitness NewsNEWARK (WABC) -- The woman charged with throwing her pit bull down a high-rise trash chute in New Jersey skipped her court date Tuesday and to explain why to a judge threatening her with arrest.

Kisha Curtis, charged with fourth-degree cruelty to animals, appeared in the Essex County Prosecutor's Office Wednesday morning. Curtis had received a waiver from her last court hearing because she was having a baby, and incorrectly believed the same applied at Tuesday's hearing.

A followup court hearing was scheduled for July 9. The dog, known as Patrick the pit bull, was found near-death at the bottom of the trash chute on St. Patrick's Day last year.

Prosecutors say the 27-year-old from Albany tied the dog to a railing in her former Newark apartment building last March and left the state for more than a week.

Patrick's plight and recovery sparked a worldwide outpouring of support.

Curtis is reportedly applying for a pretrial intervention program, which would wipe the criminal charge from her record.

She rejected a state plea offer that called for up to 18 months in prison, a $5,000 fine and 30 days' community service.

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Saturday, May 26, 2012

Black lawmakers oppose Chris Christie court pick

ANGELA DELLI SANTITRENTON -- A group of black state legislators announced its opposition to Gov. Chris Christie's choice of a gay, black Republican for the Supreme Court on Thursday, mounting evidence that Democrats were ready to reject the second of the governor's high court picks.

The New Jersey Legislative Black Caucus told The Associated Press that attorney Bruce Harris's legal qualifications fall short of the high standard required of the court's seven justices. No blacks currently sit on the court.

"The nomination of Mr. Harris sends the wrong message - that we can only achieve diversity on the Supreme Court through lowering the bar for qualifications," said Sen. Ron Rice, the caucus leader. "In a state with many distinguished African-American lawyers and judges, nothing could be further from the truth."

The Republican governor failed to reappoint the court's only black justice in 2010, touching off a firestorm among Democrats. Justice John Wallace had two years to go before reaching the mandatory retirement age of 70.

The governor nominated Harris, a 61-year-old Morris County mayor, and Phil Kwon, a 45-year-old with a top spot in the state attorney general's office, to fill two open court slots in January. Democrats rejected Kwon in March over ongoing concerns regarding cash deposits from a liquor store owned by his wife and mother. Kwon, who was born in South Korea and came to the United States when he was 6, would have been the first member of the court to be born outside the United States and its first Asian-American member.

Both nominees received the endorsement of the Rev. Reginald Jackson, a prominent black pastor, who in March said they "represented much-needed diversity" on the high court.

"Whether they are the best, only time will tell, are they qualified, no question they are," he wrote in an endorsement letter.

The black lawmakers oppose Harris's confirmation because of his lack of judicial and litigation experience and his failure to make partner at any law firm.

Christie has continued to defend his choice, however, saying Harris's experience is in line with that of the other justices. He has criticized Democrats for seemingly having their minds made up before the confirmation has begun.

"Democrats continue to malign Bruce Harris' credentials even when his background and experience stand alongside any of the members currently sitting on the Supreme Court," Christie spokesman Kevin Roberts said. "The campaign to poison this nomination and attack Mr. Harris before he takes a single question is an embarrassment to the process and to the reputation and conduct of those charged with giving this man a fair hearing."

The caucus also expressed concern that Harris told the governor he would recuse himself from cases involving gay marriage, an issue for which Harris had advocated before being nominated. Harris, who has a degree from Yale Law School, lives with his partner of 32 years, Marc Boisclair.

Assemblywoman Bonnie Watson Coleman, the group's second vice chair, said it's "inappropriate" for a potential judicial nominee to make promises on specific cases to the governor.

"It's doubly inappropriate to commit ahead of time to recuse oneself from a case based on one's race, gender, ethnicity or sexual orientation," she said. "Mr. Harris's promise on recusal sets a dangerous precedent and only emphasizes why he is not qualified for the job."

The group of 17 black lawmakers includes Assembly Speaker Sheila Oliver and other legislative leaders and veteran lawmakers.

Sen. Nick Scutari, who chairs the Senate Judiciary Committee, last week told the AP Harris's confirmation was in doubt.

Democrats agreed to give the nominee a hearing on May 31. But Scutari told the AP he questioned whether Harris was "up to the job."

Sen. Ray Lesniak previously said he would not vote for the nominee because of his recusal promise to Christie on gay marriage cases.

Nominees need the approval of the Judiciary panel and the full Senate in order to be confirmed. Supreme Court justices serve for seven years, then can be reappointed for tenure to serve until age 70.

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Monday, December 5, 2011

Daughter slay suspect due in NJ court on Monday

The San Diego Fugitive Task Force arrested Arthur Morgan III for allegedly killing his 2-year-old daughter in New Jersey. (U.S. Marshals)

FREEHOLD, N.J. -- The man charged with killing his 2-year-old daughter and leaving her in a park creek, still strapped into her car seat, is due in a New Jersey courtroom Monday afternoon.

Arthur Morgan III was arrested Monday in San Diego, and has agreed to return to his home state to stand trial.

The Monmouth County Prosecutor's Office says Morgan is being transferred back home, but would not say if he had arrived as of Friday night, citing security reasons.

Morgan's charged with the murder of Tierra Morgan-Glover, whose body was found Nov. 22 in a creek in Wall Township. He had picked the child up from her mother's house in Lakehurst, about 20 miles south of the park, but failed to return her.

(Copyright ©2011 by The Associated Press. All Rights Reserved.)
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Appeals court: NJ bear hunt can go on as scheduled

By ANGELA DELLI SANTITRENTON -- New Jersey's black bear hunt can go on as scheduled, a state appeals court ruled Thursday in rejecting a challenge by animal rights activists that the state's bear management policy is flawed.

Two animal rights groups sued the state last year, challenging the bear management policy that allows an annual six-day hunt. The activists failed to stop last year's hunt, in which 592 black bears were killed, but the lawsuit was allowed to continue on its merits.

Doris Lin, a lawyer for the activists, said Thursday that an appeal to the state Supreme Court will be filed. This year's hunt is scheduled to start Monday.

"We're disappointed that the court disregarded the science and instead gave such deference to the Division of Fish and Wildlife as to effectively hold them above the law," Lin said. "The hunt is a trophy hunt, plain and simple. No state agency should be allowed to misrepresent their own science and push the agenda of a special-interest minority."

The state maintains the hunt is needed to keep the black bear population in check. Wildlife officials estimate the number of black bears in the state at around 3,400.

The Department of Environmental Protection commissioner said he was pleased by Thursday's ruling.

"This ruling affirms the science- and fact-based policy that we have adopted as part of a comprehensive approach to managing black bears in New Jersey," Bob Martin said. "The plan is a legitimate response to deal with a large black bear population and a resultant increase in public complaints about bear and human encounters. This is a public safety issue that requires responsible action by the state."

Last year's hunt was the first in five years.

The department has said the hunt allowed the black bear population to remain relatively stable, but Lin argued that a disproportionate number of pregnant bears were killed.

A similar legal challenge succeeded in 2007 and no hunt was held after a court found flaws with the management policy. That court said the 2005 hunt should not have taken place. A new policy has since been adopted.

In its most recent opinion, the court rejected the activists' claim that the population management policy was developed arbitrarily. The three-judge panel said repeatedly in their ruling that they defer to the agency that developed the document.

"While there may be disagreements as to available data and its interpretation, under our standard of review we defer to agency findings that are based on sufficient evidence in the record," the judges wrote.

Lin argued the policy was based on skewed data and should be invalidated.

For example, she said the number of bear complaints reported by the state rose in the years from 2007 to 2009, but that's only because data was collected from 32 police departments in 2009 but just 17 departments two years earlier.

The bear hunt is scheduled to run Monday through Dec. 10, concurrently with the state's six-day firearm deer hunting season. Bear hunting zones are in northwestern New Jersey, north of Interstate 78 and west of Interstate 287.

There is a limit of one bear per licensed and registered hunter.

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Suspect in daughter killing due in court

The San Diego Fugitive Task Force arrested Arthur Morgan III for allegedly killing his 2-year-old daughter in New Jersey. (U.S. Marshals)

FREEHOLD, N.J. -- The New Jersey man charged with killing his 2-year-old daughter and leaving her in a park creek, still strapped into her car seat, is due in a New Jersey courtroom on Monday afternoon.

Arthur Morgan III was arrested last week in San Diego, and agreed to return to his home state to stand trial.

Morgan is charged with the murder of Tierra Morgan-Glover, whose body was found Nov. 22 in a creek in Wall Township.

He had picked the child up from her mother's house in Lakehurst, about 20 miles south of the park, but failed to return her, prompting her to call police.

Besides the murder charge, Morgan's also charged with custody violation and interstate flight to avoid apprehension.

new jersey, child death, murder, new jersey news

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Saturday, July 9, 2011

NJ court rules on GPS tracking in divorce case

Eyewitness NewsTRENTON -- Suspicious spouses in New Jersey can use GPS tracking to determine if their loved ones have strayed.

An appeals court ruled Thursday that placing the device in a family vehicle does not constitute invasion of privacy.

Gloucester County Sheriff's Officer Kenneth Villanova sued private investigator Richard Leonard, who was hired by Villanova's now ex-wife in 2007.

The court says Leonard had recommended she buy the tracking device after her husband had thwarted efforts to tail him.

Leonard spotted Villanova leaving a driveway with a woman two weeks after the device was placed in a glove compartment.

The court said there was no evidence that the husband had driven the vehicle out of public view or to a private or secluded location where he could expect privacy.

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Saturday, June 4, 2011

NJ court: Drunk driver can sue bar that served him

Eyewitness NewsTRENTON -- New Jersey's Supreme Court has ruled a convicted drunken driver has the right to sue the bar that served him.

Wednesday's 5-2 ruling stems from a 2006 motorcycle crash in which Frederick Voss had a blood-alcohol level of .196 percent, or nearly two and a half times the legal limit of .08 percent.

Voss later pleaded guilty to driving while intoxicated.

He sued the Toms River restaurant Tiffany's, claiming it negligently kept serving him.

The tavern said the suit isn't allowed under a state law that says people convicted of DWI cannot sue.

The court ruled that law pertains to insurance claims, not to those who serve drinks.

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Tuesday, May 24, 2011

NJ Supreme Court orders state to give schools more

By GEOFF MULVIHILLTRENTON -- The New Jersey Supreme Court has rebuked Gov. Chris Christie and ordered the state to increase spending on poor schools by an estimated $500 million.

But in its split ruling, the court stopped short of the scenario Christie frequently and publicly said he feared: An order to hike spending on all schools to the tune of $1.7 billion.

The $500 million is about the same amount the state treasurer says the state has in a windfall due to higher than expected tax revenues.

Two of the court's seven justices recused themselves for the case. The court voted 3-2 in favor of the decision, with Justice Edwin Stern, who was temporarily assigned to the court, casting the deciding vote.

The ruling Tuesday was the 21st decision in the decades-long court battle known as Abbott v. Burke, the legal part of New Jersey's definitive political conundrum.

Over more than two decades, the state's Supreme Court has ordered the state to pay more to subsidize 31 school districts in low-income communities to satisfy the requirement in the state constitution that New Jersey provide children with a "thorough and efficient education."

In many respects, the state's public schools are regarded as among the best in the nation, with top graduation rates and high scores on the SAT and other standardized tests that are given across the country. But the schools in the state's cities, which include places that rank among the nation's poorest, have lagged behind.

The court orders have led to free preschools for 3- and 4-year-olds in the cities, new and improved school buildings and extra literacy tutors, among other items. And now, most of the so-called "Abbott districts" have among the highest-spending districts, on a per-pupil basis, in the state.

While the gap in test scores has narrowed between the city schools and others at lower grades, it is still wide.

new jersey, chris christie, education news

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