NJ Laws Email Newsletter E273 - May 9, 2008
In This Issue
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1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
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1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
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NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
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ATTORNEY AT LAW
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