Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 788

... that triggers the protection of the 'time of application' statute, N.J.S.A. 40:55D-10.5, a matter of first impression. We reject arguments from ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

17 EASTAMPTON CENTER, LLC v. THE PLANNING BOARD TOWNSHIP OF EASTAMPTON et al. -- rank: 779

... the municipality had not adopted a checklist by ordinance, see N.J.S.A. 40:55D-10.3, we must detail Eastchester's checklist requirements. N.J ... but only if the checklist has been adopted by ordinance. N.J.S.A. 40:55D-10.3.     On September 2, 1998, ECLLC submitted an application for ... ordinance effectively sets forth the requirements of a GDP application.      N.J.S.A. 40:55D-10.3 provides, in pertinent part:         An application for development shall ...

docket:	A1172-00
court:	NJ Superior Court Appellate Division
decided:	2002-08-20
status:	published
citation:
Document Size:	81650

18 SHIPYARD ASSOCIATES, L.P. v. HOBOKEN PLANNING BOARD -- rank: 777

... in lieu of building the tennis courts. 2 Pursuant to N.J.S.A. 40:55D-10.3, Shipyard's application was deemed complete on October 13 ... on pain of automatic approval if it did not. See N.J.S.A. 40:55D-10(a); N.J.S.A. 40:55D-22; N.J ... s arguments about an alleged lack of notice pursuant to N.J.S.A. 40:55D-10.4. See Nieder , supra , 62 N.J. at 234. We ...

docket:	a4504-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-02
status:	unpublished
citation:
Document Size:	38629

19 RIVERSIDE DEVELOPMENT STUDIES LLC v. NORTH BERGEN BOARD OF ADJUSTMENT -- rank: 774

... include findings of fact and conclusions of law pursuant to N.J.S.A. 40:55D-10(g), not timely pursuant to N.J.S.A. 40:55D-10(g)(1) or (2), and otherwise infirm. Plaintiff did not ... shall be permitted to all interested parties through their attorneys.' N.J.S.A. 40:55D-10(d). It is undisputed that the October 13, 2020 meeting ... was denied the right to cross-examine any witness under N.J.S.A. 40:55D-10(d) during that meeting. Plaintiff had the opportunity to cross ...

docket:	a1364-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	38108

20 1 MEMORIAL DRIVE LLC v. 160 WEST BROADWAY ASSOCIATES, LP -- rank: 763

... findings of fact and conclusions of law. Id. at 332; N.J.S.A. 40:55D-10(g). The requirement of a memorializing resolution is set forth in N.J.S.A. 40:55D- 10(g), which provides: The municipal agency shall include findings of ... made insufficient findings of fact to satisfy the requirements of N.J.S.A. 40:55D-10. N.Y. SMSA, 370 N.J. Super. at 332- 33 ... made insufficient findings of fact to satisfy the requirements of N.J.S.A. 40:55D-10. N.Y. SMSA, 370 N.J. Super. at 332-33 ... expressed, these insufficient findings fail to satisfy the requirements of N.J.S.A. 40:55D-10, making our review impossible. (b) Substantial Credible Evidence Second, Riverview ... made insufficient findings of fact to satisfy the requirements of N.J.S.A. 40:55D-10. N.Y. SMSA, 370 N.J. Super. at 332- ...

docket:	a0511-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	87088

21 /usr/local/share/www/libweb/collections/courts/supreme/a2040-14.opn.html -- rank: 752

... in compliance with the requirements for completing an application under N.J.S.A. 40:55D-10.3. The judge further found that Wenger accepted the application ... by the municipal agency or its authorized committee or designee." N.J.S.A. 40:55D-10.3. Once an application is "complete," "the planning board shall ... S.A. 40:55D-46(c) to trigger the timeframe. N.J.S.A. 40:55D-10.3. In Jersey City, the Division of City Planning then ... stage of completeness to trigger the ninety-five-day period. N.J.S.A. 40:55D-10.3 states "[a]n application for development shall be complete ... requirement, the ninety-five-day period for approval is triggered. N.J.S.A. 40:55D-10.3. In Amerada Hess , the Court emphasized that "automatic approval ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	40038

22 RACCOON CREEK GROUP LLC v. CONSTRUCTION BOARD OF APPEALS OF THE COUNTY OF GLOUCESTER -- rank: 749

... Creek, we detect no evidentiary violation by the CBA. Moreover, N.J.S.A. 40:55D-10(e) relaxes the "technical rules of evidence." Under the MLUL ... nevertheless elect to "exclude irrelevant, immaterial or unduly repetitious evidence." N.J.S.A. 40:55D-10(e). Consequently, it is common practice for administrative agencies to ...

docket:	a4029-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-02
status:	unpublished
citation:
Document Size:	48497

23 VILLAGE SUPERMARKETS INC v. TOWNSHIP OF EGG HARBOR -- rank: 739

... Mart), cross-appeals on the issue of the applicability of N.J.S.A. 40:55D 10.5 1 to its application. I The judgment addressed three ... ordinances, and concluding, contrary to Wal-Mart's contention, that N.J.S.A. 40:55D 10.5 prohibited retroactive application of Ordinances 21 2011 and 22 ... Wal-Mart's pending application, as they did not trigger N.J.S.A. 40:55D-10.5. The judge also upheld the Planning Board's grant ... POINT VIII – THE TRIAL COURT ERRED IN DETERMINING THAT N.J.S.A. 40:55D-10.5 RENDERS BOTH ORDINANCE 21-2 011 AND ORDINANCE 22 ... we will not reach Wal Mart's cross-appeal regarding N.J.S.A. 40:55D-10.5. We consider the challenge moot. Transamerica Ins. Co. v ...

docket:	a5370-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-08
status:	unpublished
citation:
Document Size:	52177

24 THE LAST FRONTIER, INC v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 733

... subject to the same evidentiary standards as courts. S ee N.J.S.A. 40:55D-10. A municipal agency can properly consider expert testimony even though ... because ineligible Board members voted. Plaintiff argues that, pursuant to N.J.S.A. 40:55D-10.2, the members who were not present at the prior ...

docket:	a5205-08
court:	superior court appellate division
decided:	2010-05-24
status:	unpublished
citation:
Document Size:	65283

25 LT PROPCO, L.L.C v. WESTLAND GARDEN STATE PLAZA LIMITED PARTNERSHIP -- rank: 733

... meeting or meetings they had missed. Thus, statutory compliance with N.J.S.A. 40:55D-10.2 was achieved. 6 On September 17, 2009, the Board ...

docket:	a4046-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-14
status:	unpublished
citation:
Document Size:	63490

26 AARON STEFANSKY v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF LAKEWOOD -- rank: 701

... findings of fact and conclusions of law, as required by N.J.S.A. 40:55D-10. In a written opinion, the judge agreed with plaintiff, finding ...

docket:	a5180-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-23
status:	unpublished
citation:
Document Size:	51455

27 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 698

... the intervenors were provided with a right of cross-examination, N.J.S.A. 40:55D-10(d), which in any event may be limited within the ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

28 MESQUITE TOWER CONSULTING, LLC, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 698

... the intervenors were provided with a right of cross-examination, N.J.S.A. 40:55D-10(d), which in any event may be limited within the ...

docket:	a4777-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	87500

29 /usr/local/share/www/libweb/collections/courts/appellate/a4682-4777-08.opn.html -- rank: 698

... the intervenors were provided with a right of cross-examination, N.J.S.A. 40:55D-10(d), which in any event may be limited within the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88190

30 TOLL BROS., INC. v. TOWNSHIP OF LEBANON PLANNING BOARD -- rank: 695

... who testified to alleged inadequacies in its application. We disagree. N.J.S.A. 40:55D-10 permits cross-examination of witnesses subject to the discretion of ...

docket:	A0116-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-16
status:	unpublished
citation:
Document Size:	95930