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Shim v. Rutgers

191 N.J. 374, 924 A.2d 465 (2007)

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Shim v. Rutgers

New Jersey Supreme Court
191 N.J. 374, 924 A.2d 465 (2007)

Facts

Shim (plaintiff) was born in Pennsylvania in 1984. Sometime during her childhood, Shim moved to Korea with her parents. In 1999, Shim moved back to the United States to live with her aunt and uncle in New Jersey. Shim attended high school in New Jersey for four years. Shim obtained a New Jersey driver’s license, registered her car in New Jersey, opened a bank account, had several jobs and paid income taxes in New Jersey, and registered to vote in New Jersey. In 2003, Shim enrolled as a student at Rutgers University (defendant). Rutgers determined that Shim was not a resident of New Jersey for in-state tuition purposes because she was dependent on her parents, who remained in Korea. New Jersey law stated that all students who lived in the state for at least 12 months were presumed to be residents of the state for tuition purposes. However, New Jersey law also stated that students who were dependent on parents who were not New Jersey residents were presumed not to be residents of New Jersey for tuition purposes. Shim appealed Rutgers’s decision to classify her as an out-of-state student to the New Jersey Superior Court, Appellate Division. The appellate division ruled in favor of Shim, finding that Rutgers’s denial of in-state tuition for Shim was arbitrary and capricious. Rutgers appealed.

Rule of Law

Issue

Holding and Reasoning (Long, J.)

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