Search Rutgers Law Library N.J. Court Opinions

46 RONALD RAFANELLO v. JORGE S. TAYLOR-ESQUIVEL -- rank: 831

... or more, whichever is greater; .... Here, the express language of N.J.S.A. 13:5B-32 and N.J.A.C. 13:60 to ...

docket:	a4397-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-23
status:	Published
citation:
Document Size:	49896

47 DANIEL GREENHOUSE v. TOWNSHIP OF MONTGOMERY -- rank: 827

... a non-permitted use reflect the limitations set forth in N.J.S.A. 13:8A-3(c) and N.J.S.A. 13:8A-13, provisions of the New Jersey Green Acres Land Acquisition Act of 1961, N.J.S.A. 13:8A-1 to -18. Schedule C of the agreement provides ... property for commercial farming is a diversion of funded parkland. N.J.S.A. 13:8A-13, N.J.A.C. 7:36-25.2 ... statute means the same as that term is defined in N.J.S.A. 13:8C-3. Ibid. N.J.S.A. 13:8C-3 defines 'local government unit' to include a ...

docket:	a3518-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-09
status:	Unpublished
citation:
Document Size:	43150

48 IN THE MATTER OF RAMSHORN DRIVE, LLC CAFRA INDIVIDUAL PERMIT NO. 1352-05-0013.1 LUP210001 -- rank: 827

... Protection (DEP) pursuant to the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -51 (CAFRA) to respondent Ramshorn Drive, LLC ... in compliance with Sections 10 & 11 of the CAFRA statute ( N.J.S.A. 13:19-1 [to -51])[,]' as well as 'the Freshwater Wetlands ... 354 N.J. Super. 293, 310 (App. Div. 2002) (citing N.J.S.A. 13:19-5.1, -5.2, and -5.3). 'Development' is ... of any building or structure and all site preparation therefor . . . .' N.J.S.A. 13:19-3. The Legislature delegated the DEP with the authority ... 21 11 promulgate regulations 'to effectuate the purposes of' CAFRA. N.J.S.A. 13:19- 17(a). The DEP's Coastal Zone Management (CZM ... public notice as to the commencement of the comment period.' N.J.S.A. 13:19-9(a); see also In re Riverview Dev., ...

docket:	a0316-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-06
status:	Unpublished
citation:
Document Size:	57867

49 IN THE MATTER OF PROPOSED CONSTRUCTION OF COMPRESSOR STATION -- rank: 825

... station in the Highlands Preservation Area from permitting review under N.J.S.A. 13:20-28(a)(11) (Exemption 11). Exemption 11 relieves a ... and purposes of' the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35. The Department issued the HAD without ... costs. A-3616-20 6 standards, policies, planning, and regulation,' N.J.S.A. 13:20-2; DEP Highlands Water Protection & Planning Act Guidance, State ... State's residents, against the environmental degradations of sprawl development. N.J.S.A. 13:20-2. Finding the then-existing land use and environmental ... is consistent with the goals and purposes of this act. [N.J.S.A. 13:20-28(a)(11).] Neither 'routine' nor 'upgrade' is defined ... DEP's charge to implement 'stringent standards governing major development,' N.J.S.A. 13:20-2, in the Preservation Area and the goal ...

docket:	a3616-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Published
citation:
Document Size:	47716

50 Sutherland Packaging, Inc. v. Dir., Division of Taxation -- rank: 825

... summary judgment. At issue is whether the Litter Control Fee, N.J.S.A. 13:1E-213 to -233, applies to Sutherland Packaging’s operations ... a manufacturer, wholesaler, or distributor of litter-generating products.” N.J.S.A. 13:1E-216(a). The fee, historically known as a tax ... mining or other extraction processes, logging, sawmilling, farming or manufacturing. [ N.J.S.A. 13:1E-215(d) (emphasis added)]. 2 The statute defines � ... roll stock produced by paper product manufacturers and wood pulp; .... [ N.J.S.A. 13:1E-215(e) (emphasis added)]. The statute lists fifteen categories of litter-generating products. N.J.S.A. 13:1E-215(e). Category twelve, (12) “Paper products and household paper,” is at issue here. N.J.S.A. 13:1E- 215(e)(12). A product from the list ...

docket:	013288-14
court:	NJ Superior Court Appellate Division
decided:	2022-06-28
status:	Unpublished
citation:
Document Size:	49791

51 HERITAGE AT INDEPENDENCE, LLC v. THE STATE OF NEW JERSEY -- rank: 823

... declaring the Highlands Water Protection and Planning Act ("Highlands Act"), N.J.S.A. 13:20-1 to -35, unconstitutional, both facially and as-applied ... as well as sites of historic significance and recreational opportunities. N.J.S.A. 13:20-2. As the Legislature determined, the then-existing land ... Council with responsibility for land use planning in the region, N.J.S.A. 13:20-4, including the obligation to adopt, in consultation with ... agencies such as the DEP, a regional master plan ("RMP"). N.J.S.A. 13:20-2, -6i, -8. The Highlands Council adopted a final ... review program for all major development in the Preservation Area, N.J.S.A. 13:20-31 to -35, including the authority to provide for ... or (3) cause a "taking of property without just compensation." N.J.S.A. 13:20-33b(1)-(3). The DEP adopted the implementing ...

docket:	a4645-08
court:	superior court appellate division
decided:	2010-08-18
status:	unpublished
citation:
Document Size:	78560

52 CARGILL MEAT SOLUTIONS, CORP., v. DIRECTOR, DIVISION OF TAXATION, -- rank: 818

... fee imposed by the Clean Communities and Recycling Grant Act, N.J.S.A. 13:1E-213 to 223. In particular, Cargill asserts that it ... under the wholesaler-to- wholesaler exemption provided by the Act. N.J.S.A. 13:1E-216(a). The defendant, the Director of the Division ... fee upon sellers of “litter- generating products.” 3 N.J.S.A. 13 :1E-216. N.J.S.A. 13:1E-99.1 (sunset Dec. 31, 2000). L. 1985, c ... prior Act referred to the fee as a tax. See N.J.S.A. 13:1E-99.1 (sunset Dec. 31, 2000). -3- wrappings.” N.J.S.A. 13:1E-215(e). Cargill does not dispute that the ...

docket:	08146-18
court:	NJ Tax Court
decided:	2020-03-12
status:	Published
citation:
Document Size:	35826

53 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. MARISOL, INCORPORATED -- rank: 818

... year delay in adopting regulations implementing a statutory grace period, N.J.S.A. 13:1D-127 to -133 (the Grace Period Law or Law ... to alleged violations of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -207, and to impose monetary penalties. In ... current practices in evaluating violations and the Grace Period Law, N.J.S.A. 13:1D-129 to -133, upon which Marisol grounded its argument ... squarely within the protections afforded by the Grace Period Law, N.J.S.A. 13:1D-125, et seq. Under this statute, minor violations that ... substantially undermine or impair the goals of the regulatory program. N.J.S.A. 13:1D-129. While respondent denies that it failed to properly ... the Department is authorized to utilize the criteria listed in N.J.S.A. 13:1D-129 to designate that a violation is minor ...

docket:	A2472-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-23
status:	published
citation:	367 N.J. Super. 614 845 A.2d 147
Document Size:	49351

54 NEW JERSEY MEADOWLANDS COMMISSION v. JOHN P. KEEGAN -- rank: 814

... Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116; the common law of nuisance; and ... the provision of facilities for the disposal of solid waste." N.J.S.A. 13:17-1, -5, -6 ( L. 1968, c. 404 4 ). Originally known as the Hackensack Meadowlands Development Commission (HMDC), N.J.S.A. 13:17-5, since 2001 the HMDC has been known as the New Jersey Meadowlands Commission. N.J.S.A. 13:17-3.1 ( L. 2001, c. 232, §§ 2 ... SWMA). L. 1970, c. 39, §§ 1 to 15 ( N.J.S.A. 13:1E-1 to 13:1E-15). The SWMA gave the ... solid waste collection and disposal, including requiring them to register. N.J.S.A. 13:1E-4, -5. Until its amendment by L. 2003, ...

docket:	a6090-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	52629

55 EAST CAPE MAY ASSOCIATES, a Florida limited partnership v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al. -- rank: 812

... arising from enforcement of the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-22b (� 22b) provides: ������������ If the court determines that the ... which subjects the property to heightened protection against development. See N.J.S.A. 13:9B-7, -10c. On July 23, 1990, ECM's principals ... applied for a CAFRA permit (Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21) to construct 366 single- family residential ... and if those regulations will not be relaxed pursuant to N.J.S.A. 13:9B-22b, the State's regulatory scheme so "excessively interferes ... Cape May to formulate an acceptable development plan pursuant to N.J.S.A. 13:9B-22b." Id. at 354. In that respect we interpreted ... 1979, Greene obtained exemptions from the CAFRA permit requirements, see N.J.S.A. 13:19-5, allowing an exemption for facilities upon which ...

docket:	A1000-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-25
status:	published
citation:	343 N.J. Super. 110
Document Size:	75684

56 BI-COUNTY DEVELOPMENT OF JEFFERSON ASSOCIATES v. THE NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL -- rank: 810

... August 2004, the Highlands Water Protection and Planning Act (Act), N.J.S.A. 13:20-1 to -35, was enacted to regulate land use ... development consistent with the Act's goals is encouraged. See N.J.S.A. 13:20-7(b),(c); N.J.S.A. 13:20-10(b),(c). Bi-County's property is situated ... with responsibility for land use planning in the Highlands Region. N.J.S.A. 13:20-4 to -6. This includes adoption of a regional ... the basic land use planning document for the Highlands Region. N.J.S.A. 13:20-6(i), -8, -11. The Council adopted the current ... 5852 (b) (Oct. 6, 2008). As required by the Act, N.J.S.A. 13:20-13(a), the Council also created a market- ...

docket:	a1838-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-09
status:	Published
citation:
Document Size:	54625

57 Washington Shopping Center, Inc. v. Washington Township -- rank: 808

... New Jersey enacted the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35 (the “Highlands Act”), to provide ... of northern New Jersey identified as the Highlands Region. See N.J.S.A. 13:20-7(a). Washington Shopping Center, Inc. v. Washington Township ...

docket:	005517-16
court:	NJ Tax Court
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	87727

58 ALBERT DRAGON v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND USE REGULATION PROGRAM -- rank: 806

... otherwise required under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, and its Coastal High Hazard Areas ... 195 N.J. 575 , 601 (2008). More to the point, N.J.S.A. 13:19-17 gives DEP the power to "adopt rules and ... aesthetic and recreational interests of all people of the State. [ N.J.S.A. 13:19-2.] The Legislature balanced its desire to address the ... either (1) be conducted under a permit issued pursuant to N.J.S.A. 13:19-5 or -5.1, or (2) be an activity that is explicitly exempted from the permitting requirement by N.J.S.A. 13:19-5.2 or -5.3. As already noted, coastal ... regulated under N.J.A.C. 7:7-2.1, N.J.S.A. 13:19-5 states in part that a CAFRA permit ...

docket:	a5743-06
court:	njappellate
decided:	2009-03-06
status:	published
citation:	405 N.J.Super. 478
Document Size:	81524

59 IN RE REAUTHORIZATION OF CAFRA INDIVIDUAL PERMIT AND TAW, 1500-04-0001.5 LUP190001 -- rank: 806

... proposed development is inconsistent with the Pinelands Comprehensive Management 1 N.J.S.A. 13:19-1 to -21. A-3464-21 2 Plan (CMP ... future use, and access road off Route 37 and 2 N.J.S.A. 13:9B-1 to -30. A-3464-21 4 Northampton Boulevard ...

docket:	a3464-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	31399

60 EAST CAPE MAY ASSOCIATES VS STATE OF NEW JERSEY, DEPT OF ENVIRONMENTAL PROTECTION -- rank: 803

... designation which subjects the property to heightened protection against development. N.J.S.A. 13:9B-7, -10c; see Rossi v. Division of Coastal Resources ... and Brodesser filed a CAFRA (Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq. ) application to construct ninety-six multi ... the matter was transferred to the Office of Administrative Law. N.J.S.A. 13:9B-20. Prior to any hearing, the applicants stipulated that ... J.A.C. 7:7A-3.3(c)(2). See N.J.S.A. 13:9B-10a. Cf. Stone v. Division of Coastal Resources , 92 ... the project on public health and fish and wildlife. . . . See N.J.S.A. 13:9B-9b.���� ����Because the subject property is the habitat of ... that: ����Provisions of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. , the New Jersey Wetlands Act, ...

docket:	a4852-94
court:	njappellate
decided:	1997-04-29
status:	published
citation:	300 N.J.Super. 325
Document Size:	75555