Search Rutgers Law Library N.J. Court Opinions

31 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 692

... MLUL, which invites public participation at every material step, see N.J.S.A. 40:55D-10 (requiring hearing for applications for development and for adoption of ... under review, including minutes of all regular meetings and hearings, N.J.S.A. 40:55D-10.     Since the adoption of the MLUL, this Court has "increasingly ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

32 JO ANNE KROUSOS v. ZONING BOARD OF ADJUSTMENT OF BOROUGH OF PARAMUS -- rank: 692

... were granted, and that the applicant failed to comply with N.J.S.A. 40:55D-10(b) in that all maps and documents in support of ... at least ten days before the hearing, as required by N.J.S.A. 40:55D-10(b). Plaintiffs never raised such an objection at the time ... the application on those projections. There was no violation of N.J.S.A. 40:55D-10(b) or abuse of discretion by the board in proceeding ...

docket:	a6250-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-24
status:	Published
citation:
Document Size:	36136

33 THOMAS McFADDEN v. DELANCO TOWNSHIP JOINT LAND USE BOARD -- rank: 692

... time-of-application" approach for the "time-of-decision" rule, N.J.S.A. 40:55D-10.5, did not come into effect until May 5, 2011 ...

docket:	a5075-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-03
status:	unpublished
citation:
Document Size:	48495

34 Northgate Condominium Association, Inc. v. Borough of Hillsdale Planning Board -- rank: 692

... documents for which approval is sought are available pursuant to [ N.J.S.A. 40:55D-10]. [ Ibid. ] This appeal requires us to interpret the language in ...

docket:	A-5-11
court:	NJ Supreme Court
decided:	2013-05-13
status:
citation:	214 N.J. 120 68 A.3d 292
Document Size:	96278

35 PATRIOT HOMES, L.L.C. v. FRANKLIN TOWNSHIP PLANNING BOARD, et al. -- rank: 684

... requests for automatic approval of their subdivision plans pursuant to N.J.S.A. 40:55D-10.4. We disagree and affirm substantially for the reasons expressed ... compelling them to meet arbitrary, ad hoc requirements. Citing to N.J.S.A. 40:55D-10.3, plaintiffs argue that their applications should have been deemed ... are entitled to automatic approval. These arguments are without merit. N.J.S.A. 40:55D-10.3 states: An application for development shall be complete for ... the Planning Board's checklist. Thus, they argue that under N.J.S.A. 40:55D-10.3, their application was unnecessarily delayed by these ad hoc ... court stated that [D]espite the seemingly mandatory language of N.J.S.A. 40:55D-10.3, there is ample precedent for a court to deny ... that intentionally and deliberately delayed Patriot's application and under N.J.S.A. 40:55D-10.3. We disagree. First, as defendants point out, the ...

docket:	A0699-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-19
status:	unpublished
citation:
Document Size:	59251

36 WIDGEON POINT PRESERVATION ASSOCIATION v. BROADMOOR PROPERTIES, INC., et al. -- rank: 684

... that one or more of the submission requirements be waived." N.J.S.A. 40:55D-10.3. The question here is whether an LOI is a ...

docket:	a4437-06
court:	njappellate
decided:	2008-04-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65865

37 PATRIOT HOMES, L.L.C., et al. v. FRANKLIN TOWNSHIP PLANNING BOARD, et al. -- rank: 684

... requests for automatic approval of their subdivision plans pursuant to N.J.S.A. 40:55D-10.4. We disagree and affirm substantially for the reasons expressed ... compelling them to meet arbitrary, ad hoc requirements. Citing to N.J.S.A. 40:55D-10.3, plaintiffs argue that their applications should have been deemed ... are entitled to automatic approval. These arguments are without merit. N.J.S.A. 40:55D-10.3 states: An application for development shall be complete for ... the Planning Board's checklist. Thus, they argue that under N.J.S.A. 40:55D-10.3, their application was unnecessarily delayed by these ad hoc ... court stated that [D]espite the seemingly mandatory language of N.J.S.A. 40:55D-10.3, there is ample precedent for a court to deny ... that intentionally and deliberately delayed Patriot's application and under N.J.S.A. 40:55D-10.3. We disagree. First, as defendants point out, the ...

docket:	A0700-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-19
status:	unpublished
citation:
Document Size:	59256

38 JANEK PATEL v. CITY OF SOUTH AMBOY PLANNING BOARD -- rank: 682

... reasonable time limitations in this case that spanned several hearings. N.J.S.A. 40:55D-10(d); See also Sea Girt, 45 N.J. 284–85 ... based thereon in each decision on any application for development.' N.J.S.A. 40:55D-10(g). '[T]he resolution must contain sufficient findings, based on ...

docket:	a3744-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	60890

39 JAMES L. LAMBERT v. BOROUGH OF BEACH HAVEN -- rank: 682

... DENIAL OF PRELIMINARY AND FINAL SITE PLAN APPROVAL, PURSUANT TO N.J.S.A. 40:55D-10(g). A. Reconsideration Was Not Warranted In The Absence of ... MUST BE AWARDED COUNSEL FEES IN THIS LITIGATION, PURSUANT TO N.J.S.A. 40:55D-10(g)(2), AS THE CATALYST FOR COMPELLING A JUDGMENT TO ... or she missed before they are eligible to vote. See N.J.S.A. 40:55D-10.2. The Schmidhausler court concluded: Rather than denying the application ... that they are entitled to attorney 's fees pursuant to N.J.S.A. 40:55D-10(g)(2). We, however, make the following brief remarks. Even ... plaintiffs' argument that they are entitled to attorney's fees, N.J.S.A. 40:55D-10(g)(2) states, in pertinent part: If the municipal agency ... did not 'fail[] to adopt a resolution' in violation of N.J.S.A. 40:55D- 10(g)(2) and plaintiffs are not entitled to attorney' ...

docket:	a0555-19
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	44048

40 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 679

... Glynn's application was legally ineligible to vote, pursuant to N.J.S.A. 40:55D-10.2, because he had missed the December 13, 2004, meeting ... the transcript nor listened to the tape of the meeting. N.J.S.A. 40:55D-10.2, provides that: [a] member of a municipal agency who ... not retroactively cause the application to be incomplete. We note N.J.S.A. 40:55D-10.3 states in pertinent part: [t]he municipal agency may ... vote because of his or her failure to comply with N.J.S.A. 40:55D-10.2, is the striking of his vote, which in this ... argue, an automatic denial of the application. The eligibility statute, N.J.S.A. 40:55D-10.2, does not set forth either a specific remedy or ...

docket:	a5932-07
court:
decided:	2009-05-29
status:	Published
citation:	408 N.J. Super. 1 972 A.2d 1155
Document Size:	53112

41 /usr/local/share/www/libweb/collections/courts/appellate/a3164-19.opn.html -- rank: 679

... In fact, the superintendent was not placed under oath. See N.J.S.A. 40:55D-10(d) (requiring that 'testimony of all witnesses relating to an ... 25, 2019, over a month after the deadline imposed in N.J.S.A. 40:55D- 10(g). In its resolution, the Board stated that it had ... to tell the truth under the penalty provided by law'); N.J.S.A. 40:55D-10(d) (requiring that 'testimony of all witnesses relating to an ...

docket:
court:
decided:
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Document Size:	45160

42 State v. Shawn Bernard Mahone -- rank: 676

... of its position that only the original five may vote.      N.J.S.A. 40:55D-10.2 allows members absent from a hearing to vote on ... read the transcript of the hearing. Patel held that under N.J.S.A. 40:55D-10.2 would allow its absent-member exception to overcome the ...

docket:	a-57-97
court:	njsupreme
decided:	1997-12-03
status:
citation:	137 N.J. 216
Document Size:	55149

43 JOSEPH F. DEEGAN, JR., et al. v. PERTH AMBOY REDEVELOPMENT AGENCY, et al. -- rank: 668

... he has read such transcript or listened to such recording. [ N.J.S.A. 40:55D-10.2.] However, the MLUL defines "municipal agency" to mean "a ... 149 , 165 (App. Div. 2001). Therefore, the procedural requirements of N.J.S.A. 40:55D-10.2 do not apply to a redevelopment agency.     The Local ... and Housing Law does not contain a provision comparable to N.J.S.A. 40:55D-10.2 that requires a member of a redevelopment agency who ... subject to all the procedural requirements of the MLUL, including N.J.S.A. 40:55D-10.2, but the redevelopment agency's decision to enter into ... Super. 45 , 49 (App. Div. 1991). Thus, the requirement of N.J.S.A. 40:55D-10.2 that a board member who is absent from part ... with the work . . . . Consequently, even if a requirement comparable to N.J.S.A. 40:55D-10.2 applied to a vote by a redevelopment agency ...

docket:	A3963-03
court:	NJ Superior Court Appellate Division
decided:	2005-01-06
status:	published
citation:	374 N.J. Super. 80 863 A.2d 416
Document Size:	21050

44 ULTIMATE FORCE, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCHELLE PARK -- rank: 665

... verified complaint and order to show cause seeking enforcement of N.J.S.A. 40:55D-10(g)(2), compelling the Board to prepare a written resolution ... suit and attorney's fees against [the Board], pursuant to N.J.S.A. 40:55D-10(g)(2). [Ultimate] and [the] Board shall confer and attempt ... which attorney's fees, shall be assessed against the municipality. [N.J.S.A. 40:55D-10(g)(2).] A-0563-21 3 was denied by the ... Rule. 4:42-8(a) does not. The language of N.J.S.A. 40:55D-10(g)(2) is mandatory as to attorneys' fees. The statute ... at which the [Board] voted to grant or deny approval.' N.J.S.A. 40:55D-10(g)(2). It authorizes 'any interested party' to file a ... including attorney's fees, shall be assessed against the municipality.' N.J.S.A. 40:55D-10(g)(2) (emphasis added). A-0563-21 6 It ...

docket:	a0563-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	15316

45 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the BRIAN KIMMINS and PATRICIA KIMMINS, his wife, JOSEPH NATOLI, and JANICE NATOLI his wife, STEVEN HEGNA -- rank: 665

... assert the Board complied with due process throughout these proceedings. N.J.S.A. 40:55D-10(d) states: The testimony of all witnesses relating to an ... b., 328 N.J. Super. 343 (App. Div. 2000), citing N.J.S.A. 40:55D-10(d). Although an attorney representing some plaintiffs may have attended ... right to 'make the rules governing' its hearings, pursuant to N.J.S.A. 40:55D-10(b). The trial court rejected this argument, noting that: [A ... the number of witnesses and how long they could testify, N.J.S.A. 40:55D-10(d), it abused its discretion when it 13 A-1394 ...

docket:	a1394-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-15
status:	unpublished
citation:
Document Size:	62144