Search Rutgers Law Library N.J. Court Opinions

76 PEG LEG WEBB, LLC v. NEW JERSEY PINELANDS COMMISSION -- rank: 584

... s approval. In support of its premise, petitioner relies upon N.J.S.A. 40:55D-10.5 of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. N.J.S.A. 40:55D-10.5 provides: Notwithstanding any provision of law to the contrary ...

docket:	a4016-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	25770

77 BRUCE A. PATERSON v. THE COMBINED PLANNING BOARD ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF GARWOOD -- rank: 584

... documents for which approval is sought are available pursuant to [ N.J.S.A. 40:55D-10(b)]. [ N.J.S.A. 40:55D-11.] It is ...

docket:	a2328-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	38595

78 FALLONE PROPERTIES, L.L.C. v. BETHLEHEM TOWNSHIP PLANNING BOARD -- rank: 584

... procedure is clearly allowed by the "pending litigation" exception of N.J.S.A. 40:55D-10.3 informs as to when an application may be properly ... 2000 and February 12, 2001.     Plaintiff argues that pursuant to N.J.S.A. 40:55D-10.3, its application should have been deemed complete 45 days ... Thus, by virtue of the automatic statutory approval mechanism in N.J.S.A. 40:55D-10.3. The Board’s initial letter of April 24, 2000 ... completeness of plaintiff’s application. Thus, plaintiff’s argument that N.J.S.A. 40:55D-10.3 triggered the 95 day statutory period on May 1 ...

docket:	a3533-02
court:	njappellate
decided:	2004-06-11
status:	published
citation:	369 N.J. Super. 552
Document Size:	33079

79 ADVANCED DEVELOPMENT GROUP L.L.C v. BOARD OF ADJUSTMENT OF NORTH BERGEN -- rank: 581

... five days after Church Hill published the notice required by N.J.S.A. 40:55D-10(i). The court also found plaintiff was precluded from challenging ... municipality or a newspaper of general circulation in the municipality . . . ." N.J.S.A. 40:55D-10(i) provides that the publication of a Board of Adjustment ... a municipal officer to arrange publication of its decisions. Significantly, N.J.S.A. 40:55D-10(i) states that The period of time in which an ...

docket:	a4576-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-13
status:	Published
citation:
Document Size:	32857

80 RIYA CRANBURY HOTEL LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CRANBURY -- rank: 578

... J.S.A. 40:55D-51(b); -76(b); Cf. N.J.S.A. 40:55D-10.3 (providing that one or more submission requirements be waived ...

docket:	a3803-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-01
status:	unpublished
citation:
Document Size:	39046

81 S/K OLD YORK ROAD ASSOCIATES, LP v. THE TOWNSHIP OF BRANCHBURG -- rank: 576

... in a reasonable manner. The court noted that pursuant to N.J.S.A. 40:55D-10(d), the testimony of witnesses is 'subject to the discretion ...

docket:	a3741-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-24
status:	Unpublished
citation:
Document Size:	33579

82 CITIZENS UNITED TO PROTECT THE MAURICE RIVER AND ITS TRIBUTARIES, INC., et al. v. CITY OF MILLVILLE PLANNING BOARD et al. -- rank: 573

... already contained a provision allowing for "informal review," s ee N.J.S.A. 40:55D-10.1, the GDP procedure cannot be construed as a preliminary ...

docket:	a4204-05
court:	njappellate
decided:	2007-08-06
status:	published
citation:	395 N.J. Super. 434
Document Size:	42384

83 VILLAGE SUPER MARKET INC v. BOROUGH OF GARWOOD PLANNING BOARD -- rank: 570

... issue on appeal involves application of a newly-enacted statute, N.J.S.A. 40:55D-10.5, that supersedes the "time-of-decision rule" in zoning ... the Legislature abrogated the time of decision rule by enacting N.J.S.A. 40:55D-10.5. The statute provides that the "development regulations" that were ... development, shall not be applicable to that application for development. [ N.J.S.A. 40:55D-10.5.] This statute took effect on May 5, 2011, as ...

docket:	a1262-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-20
status:	unpublished
citation:
Document Size:	30106

84 HEATHER L. FUREY, ET AL. VS. VOORHEES TOWNSHIP ZONING BOARD OF ADJUSTMENT, ET AL. -- rank: 567

... something the Board has a right to do pursuant to N.J.S.A. 40:55D-10(d), the A-2098-22 25 Board consistently allowed him ...

docket:	a2098-22
court:	appellate
decided:	2024-03-25
status:	Unpublished
citation:
Document Size:	54703

85 /usr/local/share/www/libweb/collections/courts/appellate/a2280-16.opn.html -- rank: 565

... for a second time to comply with its obligations under N.J.S.A. 40:55D-10(g). Plaintiff is the leaseholder of property known as 9 ... trial court order and again remand to the Board. Under N.J.S.A. 40:55D-10(g), a planning board's decision must include factual findings ... s Supplemental Resolution failed to comply with the requirements of N.J.S.A. 40:55D-10(g) because it did not sufficiently demonstrate, with reference to ... 20, 2016 order, remanding to the Board to comply with N.J.S.A. 40:55D-10(g) and make sufficient factual findings supporting its denial of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	16853

86 APPLIED MONROE LENDER, LLC v. CITY OF HOBOKEN PLANNING BOARD and CITY OF HOBOKEN -- rank: 565

... act upon its application violated the Municipal Land Use Law, N.J.S.A. 40:55D- 10.3, and entitled plaintiff to automatic approval2. The Board filed ... plaintiff's application was not entitled to 2 Pursuant to N.J.S.A. 40:55D-10.3, An application for development shall be complete for purposes ... submission of the application. 6 A-3048-15T3 automatic approval, N.J.S.A. 40:55D-10.3, because defendants did not act in bad faith or ... Plaintiff also argues it is entitled to automatic approval under N.J.S.A. 40:55D-10.3. We disagree. II. The Legislature enacted the LRHL to ...

docket:	a3048-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-09
status:	unpublished
citation:
Document Size:	43278

87 SHAKOOR SUPERMARKETS INC v. OLD BRIDGE TOWNSHIP PLANNING BOARD -- rank: 565

... a public hearing and without cross-examination, in violation of N.J.S.A. 40:55D-10(d), resulting in a procedure that was arbitrary and capricious. N.J.S.A. 40:55D-10(d) provides: The testimony of all witnesses relating to an ...

docket:	a3765-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	published
citation:	420 N.J. Super. 193 19 A.3d 1038
Document Size:	42428

88 MAHWAH BP, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MAHWAH -- rank: 557

... findings of fact and conclusions of law in violation of N.J.S.A. 40:55D-10(g).' It, nevertheless, argues its decision is entitled to a ... use variance controls under the time of application rule. See N.J.S.A. 40:55D- 10.5. A-1675-21 6 the topography of the landfill ...

docket:	a1675-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	39776

89 /usr/local/share/www/libweb/collections/courts/appellate/a5420-18.opn.html -- rank: 557

... at least [ten] days before the date of the hearing . . . .' N.J.S.A. 40:55D-10(b). At the same time, the ten-day requirement 'applies ...

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Document Size:	26290

90 LARRY PRICE v. LIBERTY PARK AT UNION CITY, LLC -- rank: 557

... transcript of the April meeting before the May one. See N.J.S.A. 40:55D-10.2 (providing that if a member of a municipal agency ... transcript or heard a recording of that hearing pursuant to N.J.S.A. 40:55D-10.2, that member cannot be counted as part of a ... use. The trial court ultimately rejected both arguments, determining both N.J.S.A. 40:55D-10.2 and the holding in Schmidhausler permitted the remedy the ...

docket:	a0032-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	13815