SHIM v. RUTGERS


924 A.2d 465 (2007)

191 N.J. 374

Ezrina SHIM, Plaintiff-Respondent, v. RUTGERS-The State University of New Jersey, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 14, 2007.


Attorney(s) appearing for the Case

Gavin J. Rooney, Roseland, argued the cause for appellant (Lowenstein Sandler PC, attorneys; Mr. Rooney and Kathleen A. Walsh, on the briefs).

H. Justin Park argued the cause for respondent (Schnader Harrison Segal & Lewis LLP, Cherry Hill, attorneys).


Justice LONG delivered the opinion of the Court.

In 2003, eighteen-year-old Ezrina Shim applied for admission to Rutgers University (Rutgers) for the fall term. At the time, she had lived in New Jersey for four years and therefore was presumed, under N.J.S.A. 18A:62-4, to be a domiciliary for the purpose of in-state tuition. Under Rutgers' reading of the applicable administrative regulation, N.J.A.C. 9A:5-1.1(f), Shim was subject to a counter-presumption...

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