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106 R&K ASSOCIATES LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 767
... certain environmental obligations under the Industrial Site Recovery Act ("ISRA"), N.J.S.A. 13:1K-6 to -35. For the reasons that pertain to ... or hazardous wastes from the industrial establishment[.]" Ibid. ; see also N.J.S.A. 13:1K-8 (defining a "negative declaration" as "a written declaration ... Champs submitted to the DEP a DQE affidavit, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C. 7 ... to recover damages from the transferor, pursuant to this section. [ N.J.S.A. 13:1K-13 (emphasis added). See also In re N.J ... 169 , 182 (App. Div. 2011) (recognizing the ongoing relevance of N.J.S.A. 13:1K-13 to ISRA violations), certif. denied , 201 N.J ... void its purchase of the property from Des Champs under N.J.S.A. 13:1K-13. 5 Additionally, pursuant to N.J.S. ...
docket: a0413-12
court: NJ Superior Court Appellate Division
decided: 2013-05-16
status: unpublished
citation:
Document Size: 41626
107 /usr/local/share/www/libweb/collections/courts/appellate/a2705-04.opn.html -- rank: 762
... fair share of the housing need in a given region. N.J.S.A. 13:20-1 to -35. COAH does not know the amount ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 267921
108 INFINITY OUTDOOR, INC. v. DELAWARE AND RARITAN CANAL -- rank: 762
... ecological and recreational value to the citizens of New Jersey. N.J.S.A. 13:13A-2a. In recognition of the importance of this State ... ing], maintain[ing], improv[ing], and enlarg[ing]" the Park, N.J.S.A. 13:13A-2a. To this end, the Legislature has provided for ... projects[]' . . . may cause an adverse impact on the [P]ark," N.J.S.A. 13:13A-3f, within which any proposed project must be "review ... approv[ed], reject[ed], or modifi[ed]" by the DRCC. N.J.S.A. 13:13A-14a. Thus, in this setting, governing regulations prohibit advertising ... Board of Adjustment, which was granted on February 17, 1999. N.J.S.A. 13:13A-14c. Consequently, on August 27, 1999, petitioner submitted its ... and therefore automatically approved, pursuant to the default provisions of N.J.S.A. 13:13A-14c and N.J.A.C. 7:45- ...
docket: A0111-04
court: NJ Superior Court Appellate Division
decided: 2006-10-12
status: published
citation:
Document Size: 53485
109 IN RE FINAL SURFACE WATER RENEWAL PERMIT ACTION -- rank: 762
... and the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 to -35, and thus must be vacated. After ... area of northern New Jersey known as the Highlands Region, N.J.S.A. 13:20-7(a), which is regulated by the Highlands Act ... of the Regional Master Plan for the Highlands Region, see N.J.S.A. 13:20-10. 1 In accordance with rules promulgated under the ... the water and other natural resources" in the Highlands region. N.J.S.A. 13:20-2. The Highlands Act "is premised on the need ... adopting a regional master plan for the Highlands region. See N.J.S.A. 13:20-4; N.J.S.A. 13:20-6(i); N.J.S.A. 13:20- ...
docket: a5803-13
court: NJ Superior Court Appellate Division
decided: 2017-05-01
status: unpublished
citation:
Document Size: 30119
110 ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 762
... is preempted by the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35. This legislation regulates an area in northern New Jersey known as the Highlands Region, N.J.S.A. 13:18A-1 to -58, is also misplaced. This act also ... only a portion of the State known as the Pinelands. N.J.S.A . 13:18A-11a. Hopewell Township is not located in the Pinelands ...
docket: a1910-06 a1910-06
court: NJ Superior Court Appellate Division
decided: 2008-08-14 2008-08-14
status: unpublished Unpublished
citation:
Document Size: 126795
111 /usr/local/share/www/libweb/collections/courts/appellate/a3545-19.opn.html -- rank: 762
... 552, 558 (App. Div. 2011) (first alteration in original) (quoting N.J.S.A. 13:1D-9). To understand the significance of the DEP's ... b) (May 21, 2018). New Jersey's Environmental Justice Law, N.J.S.A. 13:1D-157 to -161, which requires the DEP to evaluate ... adopts the implementing regulations, and that has not yet occurred. N.J.S.A. 13:1D-161(a). A-3545-19 64 'an adequate opportunity ...
docket:
court: New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size: 157393
112 National Waste Recycling, Inc. v. The Middlesex County Improvement Authority and Waste Management of North Jersey, Inc. -- rank: 760
... are undisputed. Pursuant to the Solid Waste Management Act (Act), N.J.S.A. 13:1E-1 to -207 , each county in New Jersey and ... disposal of all solid waste generated within its borders. See N.J.S.A. 13:1E-19 to -23. A 1987 amendment to the Act ... Recycling Act (Recycling Act), L. 1987, c. 102 (codified at N.J.S.A. 13:1E-99.11 to -.32), requires that every county's ... solid waste management plan must include a recycling component. See N.J.S.A. 13:1E-99.13. Initially, the Legislature set the mandatory recycling ... sixty percent recycling. L. 1992, c. 167, § 1 (codified at N.J.S.A. 13:1E-99.13).     Pursuant to that legislative requirement, the Middlesex ... its component parts. Szemple , supra , 135 N.J. at 422. N.J.S.A. 13:1E-99.11 states the Legislature's "findings and ...
docket: a-104-96
court: njsupreme
decided: 1997-07-17
status:
citation: 150 N.J. 209
Document Size: 53526
113 RIDGE & VALLEY CHARTER SCHOOL, INC. v. FRELINGHUYSEN TOWNSHIP -- rank: 760
... P.L.1999, c. 152 (C.13:8C-3). [ Ibid. ] N.J.S.A. 13:8C-3 is § 3 of the Garden State Preservation Trust Act (GSPTA), L. 1999, c. 152, N.J.S.A. 13:8C-1 through -42. In adopting the GSPTA, the Legislature ... of New Jersey is a paramount policy of the State." N.J.S.A. 13:8C-2. The Legislature also found: that the acquisition and ... exempt from roll-back taxes. The judge then turned to N.J.S.A. 13:8C-3 to determine whether the land was "acquired" by ... a fee simple . . . by purchase . . . by . . . a local government unit." N.J.S.A. 13:8C-3. The tax judge found that the school had ... acquire, develop, or maintain lands for recreation and conservation purposes . [ N.J.S.A. 13:8C-3 (emphasis added).] Certainly, the school as a ...
docket: A0109-05
court: NJ Superior Court Appellate Division
decided: 2006-09-25
status: unpublished
citation:
Document Size: 66151
114 White Oaks Country Club, Inc. v. Township of Franklin -- rank: 760
... was made pursuant to the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 to -20, with funds from the Garden State ... welfare and is a proper responsibility of the State.” N.J.S.A. 13:1L-2. The DEP shall “[p]rovide recreational activities ... opportunities to all segments of the State’s population . . . .” N.J.S.A. 13:1L-5(a) and (b). “State parks and forestsâ ... but not including wildlife management areas or reservoir lands.” N.J.S.A. 13:1L-3. Recreational activities, as defined by the Legislature, â ... Ibid. 2 In addition, the Garden State Preservation Trust Act, N.J.S.A. 13:18C-1 to -57, under which the DEP obtained the ... New Jersey is a paramount policy of the State.” N.J.S.A. 13:8C-2. One way to implement this policy is ...
docket: 07436-12
court: NJ Tax Court
decided: 2017-03-07
status: unpublished
citation:
Document Size: 52357
115 MARK SMITH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 758
... determine whether the remediation had ameliorated the problem. See generally N.J.S.A. 13:1K-6 to -14 (the Industrial Site Recovery Act); N ...
docket: a1684-14
court: NJ Superior Court Appellate Division
decided: 2017-12-01
status: unpublished
citation:
Document Size: 96864
116 STATE OF NEW JERSEY IN THE INTEREST OF M.A. -- rank: 758
... A. 2C:24-4a(1) (charge 4); and, criminal coercion, N.J.S.A. 13-5a(1) (charge 5). The juvenile delinquency complaint alleged that ...
docket: a1460-13
court: NJ Superior Court Appellate Division
decided: 2015-03-27
status: unpublished
citation:
Document Size: 50228
117 R&K ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 758
... Protection (the "DEP") under the Industrial Site Recovery Act ("ISRA"), N.J.S.A. 13:1K-6 to -14, a De Minimis Quantity Exception ("DQE ... intended for current owners of property rather than former owners. N.J.S.A. 13:1K-8, ISRA's definitional provision, specifies that an "owner ... does not specifically define "previous owner," that phrase appears in N.J.S.A. 13:1K-9.2, which provides that the "acquiring of title ... of the modifier "previous" before the defined term "owner" in N.J.S.A. 13:1K-9.2 arguably buttresses the claim of the DEP ... as only a "current owner" of the property. In addition, N.J.S.A. 13:1K-9 – which sets forth the methods to achieve ... of operation or transfer of business – as well as N.J.S.A. 13:1K-9.7, which sets forth the DQE as ...
docket: a4177-14
court: NJ Superior Court Appellate Division
decided: 2017-04-10
status: unpublished
citation:
Document Size: 61379
118 APPLICATION FOR PROJECT AUTHORIZATION UNDER THE NEW JERSEY REGISTER OF HISTORIC PLACES ACT -- rank: 758
... Authorization Under the New Jersey Register of Historic Places Act, N.J.S.A. 13:1B-15.128 to -15.132 (Historic Places Act or ... the DEP, authorization to demolish the Sears building pursuant to N.J.S.A. 13:1B-15.131 because it did not own or control ... determined to have significant historical, archeological, architectural or cultural value." N.J.S.A. 13:1B-15.128. While the Act does not specify who ... Hoboken Envtl. Comm. , supra , 161 N.J. Super. at 262. N.J.S.A. 13:1B-15.131 prohibits [t]he State, a county, municipality ... the DEP's approval before encroaching on the Sears building. N.J.S.A. 13:1B-15.131. Likewise, the EDA, the coordinating state agency ... Register-listed property prior to seeking project authorization pursuant to N.J.S.A. 13:1B-15.131. Similarly, the Act does not require ...
docket: a6494-06
court: superior court appellate division
decided: 2009-07-30
status: published
citation: 408 N.J. Super. 540 975 A.2d 941
Document Size: 92067
119 IN THE MATTER OF THE PROPOSED XANADU REDEVELOPMENT PROJECT -- rank: 756
... s review under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, of a large scale residential and ... evidence was insufficient to support the necessary findings required under N.J.S.A. 13:19-10 and -11 for the issuance, or conditional issuance ... that case, we held that The Wetlands Act of 1970, N.J.S.A. 13:9A-1 to -10, "prescribe[d] a public hearing for ... Office of Maritime Resources in the Department of Transportation (DOT)); N.J.S.A. 13:13-3.2 (DOT); N.J.S.A. 13:20-9 (Highlands Water Protection and Planning Council); N.J.S.A. 13:20-24 (Site Improvement Advisory Board and Commissioner of ...
docket: a0688-04
court: New Jersey Superior Court Appellate Division
decided: 2008-09-17
status: published
citation: 402 N.J.Super. 587 955 A.2d 964
Document Size: 109413
120 IN THE MATTER OF THE PROPOSED XANADU REDEVELOPMENT PROJECT -- rank: 756
... s review under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, of a large scale residential and ... evidence was insufficient to support the necessary findings required under N.J.S.A. 13:19-10 and -11 for the issuance, or conditional issuance ... that case, we held that The Wetlands Act of 1970, N.J.S.A. 13:9A-1 to -10, "prescribe[d] a public hearing for ... Office of Maritime Resources in the Department of Transportation (DOT)); N.J.S.A. 13:13-3.2 (DOT); N.J.S.A. 13:20-9 (Highlands Water Protection and Planning Council); N.J.S.A. 13:20-24 (Site Improvement Advisory Board and Commissioner of ...
docket: a0674-04
court: New Jersey Superior Court Appellate Division
decided: 2008-09-17
status: published
citation: 402 N.J. Super. 607 955 A.2d 976
Document Size: 109415
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