Legal Opinion
In Re an Increase in Fees by the New Jersey State Board of Dentistry
Supreme Court of New Jersey
Decided December 16, 1980PublishedCited by 37 opinions
1Opinion of the Court
The opinion of the Court was delivered by
PASHMAN, J.
This case presents the question whether a State agency which, pursuant to N.J.S.A. 45:1-3.2, collects fees under the authority of a rule that is judicially invalidated is obligated to refund monies collected in excess of its statutory authority. We answer this question in the affirmative and accordingly remand the case to the New Jersey State Board of Dentistry for a calculation of a refund based on the guidelines set out below.
Until 1974, the license and registration fees charged by the New Jersey State Board of Dentistry were set by…
2Cases cited20 opinions
- Borough of Neptune City v. Borough of Avon-By-The-SeaSupreme Court of New Jersey · 1972
- Gaar, Scott & Co. v. ShannonSupreme Court of the United States · 1912
- Panitz v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Edward P. Allison Co. v. Village of DoltonIllinois Supreme Court · 1962
- Hahne Realty Corp. v. City of NewarkSupreme Court of New Jersey · 1937
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3Cited by37 opinions
- Dairy Stores, Inc. v. Sentinel Publishing Co.Supreme Court of New Jersey · 1986
- Public Service Electric & Gas Co. v. New Jersey Department of Environmental ProtectionSupreme Court of New Jersey · 1985
- Davenport v. Washington Educ. Ass'nCourt of Appeals of Washington · 2008
- Continental Trailways, Inc. v. Director, Division of Motor VehiclesSupreme Court of New Jersey · 1986
- San Allen, Inc. v. BuehrerOhio Court of Appeals · 2014
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