Search Rutgers Law Library N.J. Court Opinions

16 PATRIOT HOMES, L.L.C. v. FRANKLIN TOWNSHIP PLANNING BOARD, et al. -- rank: 612

... 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 complete ... 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 purposes ... 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 requirements ... 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 automatic ... 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 nitrate dilution ... argued that this catchall provision is too broad and allows N.J.S.A. 40:55D-10.3 to be circumvented. However, in this case, we do ...

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status:	unpublished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

17 JEFFREY R. JERMAN v. THE TOWNSHIP OF MANCHESTER -- rank: 598

... applications without amending the checklist section of the ordinance violated N.J.S.A. 40:55D-10.3. He also asserted that the ordinance's increased escrow requirement ... restrictions for conforming and non-conforming lots. He asserts that N.J.S.A. 40:55D-10.3 requires ordinances to adopt a checklist setting forth requirements for ...

docket:	a1040-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-09
status:	unpublished
citation:
Document Size:	26107

18 APPLIED MONROE LENDER, LLC v. CITY OF HOBOKEN PLANNING BOARD and CITY OF HOBOKEN -- rank: 596

... 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 an ... 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 of ... 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 purposefully ... 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 empower ...

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status:	unpublished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

19 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 593

... 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 subsequently ...

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

20 RIYA CRANBURY HOTEL LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CRANBURY -- rank: 590

... 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). The ...

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status:	unpublished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

21 STEVEN BAUM v. PLANNING BOARD OF THE BOROUGH OF BERNARDSVILLE -- rank: 564

... THE REQUIRED BURDEN OF PROOF. A. Standard for Review Under N.J.S.A. 40:55D-10.3 for the proposition that the Board was authorized to require ...

docket:	a1266-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-16
status:	unpublished
citation:
Document Size:	53821

22 FALLONE PROPERTIES, L.L.C. v. BETHLEHEM TOWNSHIP PLANNING BOARD -- rank: 545

... 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 considered ... 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 after ... 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 contained ... 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, 2000 ...

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

23 SOUTH PLAINFIELD PROPERTIES, L.P. v. MIDDLESEX COUNTY PLANNING BOARD -- rank: 537

... automatic approval contained in the Municipal Land Use Law, specifically, N.J.S.A. 40:55D-10.3 (requiring a determination of completeness within forty-five days of ...

docket:	A2073-03
court:	NJ Superior Court Appellate Division
decided:	2004-10-20
status:	published
citation:	372 N.J. Super. 410 859 A.2d 463
Document Size:	34210

24 FULTON'S LANDING, INC. v. THE PLANNING BOARD BOROUGH OF SAYREVILLE, in the County of Middlesex, et al. -- rank: 521

... S.A. 40:55D-1 to -163, which provides in N.J.S.A. 40:55D-10.3: An application for development shall be complete for purposes of ... App. Div. 2002) that the intent of the requirement of N.J.S.A. 40:55D-10.3 that the content of a development application be governed by ... language of the ordinance and consistent with the purpose of N.J.S.A. 40:55D-10.3 of providing certainty as to the requirements for a land ... development application - a circumstance manifestly contrary to the purpose of N.J.S.A. 40:55D-10.3. We reject an interpretation that achieves this result. Hubbard , supra ...

docket:	A1990-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-12
status:	unpublished
citation:
Document Size:	43228

25 PAT CATANZARETI v. THE BOROUGH OF HIGH BRIDGE, et al. -- rank: 499

... never generated a comprehensive list of deficiencies as required by N.J.S.A. 40:55D-10.3, despite having had the application checklist for years. Concluding that ...

docket:	A2093-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-05
status:	unpublished
citation:
Document Size:	76698

26 PAT CATANZARETI v. THE BOROUGH OF HIGH BRIDGE, et al. -- rank: 499

... never generated a comprehensive list of deficiencies as required by N.J.S.A. 40:55D-10.3, despite having had the application checklist for years. Concluding that ...

docket:	A2096-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-05
status:	unpublished
citation:
Document Size:	76698

27 DONALD W. JOHNSON v. OCEAN CITY PLANNING BOARD -- rank: 494

... writ. In a written opinion, the judge found, pursuant to N.J.S.A. 40:55D-10.3, that the applications were complete on April 27, 2006 (Homes ...

docket:	a5505-06
court:	superior court appellate division
decided:	2010-11-03
status:	Published
citation:
Document Size:	16622

28 DONALD W. JOHNSON v. OCEAN CITY PLANNING BOARD -- rank: 494

... writ. In a written opinion, the judge found, pursuant to N.J.S.A. 40:55D-10.3, that the applications were complete on April 27, 2006 (Homes ...

docket:	a5534-06
court:	superior court appellate division
decided:	2010-11-03
status:	Published
citation:
Document Size:	16620

29 ANTHONY DIMAURO v. MONROE TOWNSHIP PLANNING BOARD -- rank: 481

... by the municipal agency or its authorized committee or designee.' N.J.S.A. 40:55D-10.3. A municipal agency has forty- five days to act on ...

docket:	a0619-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-14
status:	Unpublished
citation:
Document Size:	22793

30 JERSEY URBAN RENEWAL, LLC v. CITY OF ASBURY PARK, et al. -- rank: 438

... standards. Because the variance application had been deemed complete, see N.J.S.A. 40:55D-10.3, the mandatory provisions of N.J.S.A. 40:55D ...

docket:	a5623-03
court:	njappellate
decided:	2005-05-05
status:	published
citation:	377 N.J. Super. 232
Document Size:	23505