Search Rutgers Law Library N.J. Court Opinions

16 MARK WILLIAMS v. CITY OF ASBURY PARK -- rank: 754

... to adopt the STR Ordinance under the police power ordinance. N.J.S.A. 40:48-2 provides the authority to municipalities to pass ordinances pursuant to ... conferred and imposed by this subtitle, or by any law. N.J.S.A. 40:48-2.12a also provides: The governing body of any municipality may ... Napierkowski v. Gloucester Township, 29 N.J. 481, 485 (1959)). N.J.S.A. 40:48-2, which authorizes the municipality to make ordinances for order and ... grant defining a municipality's police power is found at N.J.S.A. 40:48-2. 'Ordinarily, pursuant to N.J.S.A. 40:48-2, a municipality may exercise its police powers to 'legislate for ... J. Super. 493, 498 (App. Div. 1976)). As expressed in N.J.S.A. 40:48-2 and -2.12a, the Legislature empowered municipalities to regulate ...

docket:	a2756-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-15
status:	Unpublished
citation:
Document Size:	26088

17 TIMBER GLEN PHASE III LLC v. TOWNSHIP OF HAMILTON -- rank: 744

... interpreted N.J.S.A. 40:52-1(d) and N.J.S.A. 40:48-2.12a as authorizing defendant to license rental properties. Accordingly, he ... power over dwelling space upon termination of occupancy found in N.J.S.A. 40:48-2.12m. Plaintiffs disagree. Their primary challenge argues defendant may only ... grant defining a municipality's police power is found in N.J.S.A. 40:48-2. The statute provides: Any municipality may make, amend, repeal and ... conferred and imposed by this subtitle, or by any law. [ N.J.S.A. 40:48-2.] The Court has held this statute "authorizes a municipality to ... buildings and structures and the general public in the municipality." N.J.S.A. 40:48-2.12a. Specific statutes address imposing registration requirements for residences containing two or more families, N.J.S.A. 40:48-2.12c, and regulating "the maintenance and condition of any ...

docket:	a1775-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-06
status:	published
citation:	441 N.J.Super. 514 120 A.3d 226
Document Size:	57188

18 FREDA, JOSEPH G. BY ACME AS : TENANT v. CITY OF SEA ISLE CITY -- rank: 744

... N.J.S.A. 40:14B-42 (water and sewer); N.J.S.A. 40:48-2.12f (abatement of nuisance); N.J.S.A. 40:48-2.14 (cleanup of lands); N.J.S.A. 40:48-2.27 (cutting brush and hedges); N.J.S.A. 40:48-2.47 (snow removal); N.J.S.A. 40:48I-1 ... N.J.S.A. 40:48-1.1 (building demolition); N.J.S.A. 40:48-2.5 (repairs to dilapidated building); N.J.S.A. 40:48- 2.59 (graffiti removal); N.J.S.A. 40:62- ...

docket:	06381-23
court:	NJ Superior Court Appellate Division
decided:	2024-03-05
status:	Published
citation:
Document Size:	25441

19 SEVELL'S AUTO BODY CO INC v. BOROUGH OF ROSELLE PARK -- rank: 731

... the Borough argues that plaintiff's fees are limited by N.J.S.A. 40:48-2.50, which sets out the "fees to be paid to ... The trial court accepted the Borough's argument, holding that N.J.S.A. 40:48-2.50 limits the payment due to a tow operator when ... other towing company approved in the resolution, the Borough follows N.J.S.A. 40:48-2.50, which establishes the following fee schedule: All fees to ... of unpaid storage fees for eight other vehicles. Relying on N.J.S.A. 40:48-2.50, the Borough provided purchase orders totaling $1,520 for ... interplay between N.J.S.A. 39:10A-5 and N.J.S.A. 40:48-2.50. We have previously examined this issue and stated, unequivocally ... answered the second question raised in this appeal. In adopting N.J.S.A. 40:48-2.50, the Legislature intended to protect municipalities from being ...

docket:	a2899-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-07
status:	unpublished
citation:
Document Size:	25119

20 New Jersey Shore Builders Association v. Township of Jackson -- rank: 731

... enacting the tree removal ordinance under the police power statute, N.J.S.A. 40:48-2. Although the ordinance touches on the use of land, it ... that is at issue here, under the general police power, N.J.S.A. 40:48-2. 1 The stated purposes of the ordinance are as follows ... declared that it was enacting the tree removal ordinance under N.J.S.A. 40:48-2 -- the police power statute. Further, as NJSBA's expert recognized ...

docket:	a-83-07
court:
decided:	2009-05-13
status:
citation:	199 N.J. 38 970 A.2d 992
Document Size:	123732

21 SPARROWEEN,LLC v. TOWNSHIP OF WEST CALDWELL -- rank: 725

... Health adopted the Smoking Ordinance pursuant to its authority under N.J.S.A. 40:48-2, which allows municipalities to enact ordinances for the preservation of ... health, safety and welfare of the municipality and its inhabitants . . . .' N.J.S.A. 40:48-2. See LDM, Inc. v. Princeton Reg. Health Comm'n, 336 ... authority under N.J.S.A. 26:3-64 and N.J.S.A. 40:48-2. The Smoking Ordinance is rationally related to the Township's ... determine the validity of a municipal ordinance adopted pursuant to N.J.S.A. 40:48-2, and holding that the ordinance did not fall within the ...

docket:	a4083-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	published
citation:	452 N.J.Super. 329 173 A.3d 1097
Document Size:	43763

22 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 717

... for the preservation of the public health, safety and welfare. N.J.S.A. 40:48-2. This delegation of authority is further buttressed by the constitutional ...

docket:	a3301-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

23 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 717

... for the preservation of the public health, safety and welfare. N.J.S.A. 40:48-2. This delegation of authority is further buttressed by the constitutional ...

docket:	a4226-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126533

24 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 717

... mandate of N.J.S.A. 40A:14-53 . . . and N.J.S.A. 40:48-2.46, which grant to municipalities the authority to regulate traffic ... no approval from the State is necessary." Ibid. Dorman referenced N.J.S.A. 40:48-2.46, which gives broad power to municipalities concerning the regulation of parking lots. N.J.S.A. 40:48-2.46 provides that In addition to the powers conferred to ... preserve and safeguard public health, safety, morals, and welfare. Thus, N.J.S.A. 40:48-2.46 provided additional authority to the Borough of Fort Lee ... of the public health, safety, and welfare of the municipality[.]" N.J.S.A. 40:48-2. 6 The State cites section 216-21 of the 2014 ...

docket:	a3655-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	70444

25 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 717

... for the preservation of the public health, safety and welfare. N.J.S.A. 40:48-2. This delegation of authority is further buttressed by the constitutional ...

docket:	a3271-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

26 MARY A. BOTTEON, ET AL. VS. BOROUGH OF HIGHLAND PARK, ET AL. -- rank: 715

... in violation of various state and federal laws, specifically (1) N.J.S.A. 40:48-2; (2) the New Jersey Civil Rights Act, N.J.S ... not valid exercises of the municipality's police powers under N.J.S.A. 40:48-2. That statute provides: Any municipality may make, amend, repeal and ...

docket:	a1227-22
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	45922

27 THOMAS MAKUCH, LLC v. TOWNSHIP OF JACKSON -- rank: 712

... public and private property by 'operators engaged in such practice.' N.J.S.A. 40:48-2.49. If a municipality chooses to act, it must enact ... regulate towing services does not create a property interest. See N.J.S.A. 40:48-2.49. That statute allows a municipality to adopt an ordinance ... of the ordinance in accordance with due process of law.' N.J.S.A. 40:48-2.49(c). That reference to due process, does not relate ... enforce the ordinance 'in accordance with due process of law.' N.J.S.A. 40:48-2.49(a) to (c). We, therefore, look to the Township ... lists. That discretion is circumscribed by certain clearly delineated guidelines. N.J.S.A. 40:48-2.49 expressly states that municipal ordinances can only establish regulations ...

docket:	a3679-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Published
citation:
Document Size:	47024

28 21-23 SEIDLER ASSOCIATES, L.L.C., et al. v. CITY OF JERSEY CITY -- rank: 710

... City failed to comply with applicable statutory notice requirements. See N.J.S.A. 40:48-2.5, -2.7; N.J.S.A. 54:5-12 ... right of redemption. We address these issues in turn. I. N.J.S.A. 40:48-2.5 sets forth the procedures to be followed by a ... in interest of demolition proceedings before any demolitions occur. Specifically, N.J.S.A. 40:48-2.7, which requires that the owner and parties-in-interest ... effect" and then serve the complaint or order by publication. N.J.S.A. 40:48-2.7. In such a case, a copy of the complaint ... provide the plaintiff with notice of the demolition proceedings under N.J.S.A. 40:48-2.5. Even though plaintiff did not dispute that the city ... of the Forrest and Bostwick demolition proceedings. First, pursuant to N.J.S.A. 40:48-2.7. The City failed to supply any proof that ...

docket:	A0460-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-16
status:	published
citation:	391 N.J. Super. 201 917 A.2d 808
Document Size:	37970

29 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 707

... welfare of local residents by abatement of nuisances); see also N.J.S.A. 40:48-2 (vesting in municipalities legislative police power to adopt ordinances in ...

docket:	a3487-01
court:	njappellate
decided:	2003-03-11
status:	published
citation:	*CITE_PENDING*
Document Size:	92721

30 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 707

... welfare of local residents by abatement of nuisances); see also N.J.S.A. 40:48-2 (vesting in municipalities legislative police power to adopt ordinances in ...

docket:	A3098-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-11
status:	published
citation:	359 N.J. Super. 291 820 A.2d 27
Document Size:	100190