Search Rutgers Law Library N.J. Court Opinions

31 CHAI LIFELINE, INC v. TOWNSHIP OF MAHWAH -- rank: 759

... full authorized membership, in the case of a regional board[.] N.J.S.A. 40:55D-4 defines inherently beneficial use: "Inherently beneficial use" means a use ...

docket:	a3335-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-02
status:	unpublished
citation:
Document Size:	56019

32 Paruszewski v. Township of Elsinboro -- rank: 756

... body, defined as "the chief legislative body of the municipality," N.J.S.A. 40:55D-4, is vested with broad power by the state constitution and ... Although the governing body is the chief municipal legislative body, N.J.S.A. 40:55D-4, and is empowered to enact zoning ordinances, N.J.S ...

docket:	a-54-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 45
Document Size:	51296

33 MARY ANNE DALESSIO v. TOWNSHIP OF UPPER DEERFIELD -- rank: 747

... photovoltaic energy facility or structure" as an "inherently beneficial use." N.J.S.A. 40:55D-4; N.J.S.A. 40:55D-7. N.J.S.A. 40:55D-4 defines "inherently beneficial use" as "a use which is universally ... pursuant to the MLUL's broad definition of "interested party." N.J.S.A. 40:55D-4. The finding is not in issue on appeal. 2 Ordinance ...

docket:	a3128-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-16
status:	unpublished
citation:
Document Size:	37120

34 SACKMAN ENTERPRISES, INC v. MAYOR and COUNCIL OF THE BOROUGH OF BELMAR -- rank: 736

... land that is the subject of an application for development . . . .' N.J.S.A. 40:55D-4. 'Under the [MLUL] . . . FAR is calculated by taking the sum ... by the total area of the site in square feet. N.J.S.A. 40:55D-4.' Randolph Town Ctr. Assocs., L.P. v. Twp. of Randolph ...

docket:	a1102-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-20
status:	Published
citation:
Document Size:	30368

35 League of Municipalities v. Department of Community Affairs -- rank: 730

... their power to zone as delineated under the MLUL. See N.J.S.A. 40:55D-4, within a municipality leads to a conflict with a matter ...

docket:	a-199-97
court:	njsupreme
decided:	1999-05-13
status:
citation:	158 N.J. 211
Document Size:	29131

36 ANTONIO OLIVEIRA v. TOWNSHIP OF MAHWAH -- rank: 728

... an action or a failure to act under [the MLUL].' N.J.S.A. 40:55D-4(b). The court found plaintiffs' failure to exhaust their administrative ...

docket:	a3630-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34622

37 636 INMAN, L.L.C. v. TOWNSHIP OF WOODBRIDGE ZONING BOARD OF ADJUSTMENT -- rank: 725

... center" within the definition of the phrase "inherently beneficial use." N.J.S.A. 40:55D-4. The term "child care center" includes plaintiff's proposed commercially-operated facility. Although the Law Division cited N.J.S.A. 40:55D-4, it did not otherwise apply the statute, which is clear ... not pertain to any use that is specifically listed in N.J.S.A. 40:55D-4. They pertain to other types of uses, such as cell ... supra , 127 N.J. at 166-67). Affirmed. 1 Generally, N.J.S.A. 40:55D-4 defines "inherently beneficial use" as "a use which is universally ...

docket:	a2997-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-05
status:	unpublished
citation:
Document Size:	41288

38 AUGUSTINE RHODES v. THE CITY OF CAPE MAY and THE CITY OF CAPE MAY PLANNING BOARD -- rank: 725

... subject lots; in this regard, intervenors are surely "interested parties." N.J.S.A. 40:55D-4. While the intervenors suggest in their pleadings that their intervention ... development the right of appeal by an interested party lies, N.J.S.A. 40:55D-4, but, instead, on behalf of a party defendant, duly joined ...

docket:	a6473-03
court:	njappellate
decided:	2005-11-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	63264

39 FREDERICK WATERS V. TWP OF GALLOWAY -- rank: 722

... addition to delineating the contents for a site plan ordinance, N.J.S.A. 40:55D-4, -7. Required site plans may be classified as major or ... property that fell within the MLUL definition of development. See N.J.S.A. 40:55D-4. The ordinance, paralleling the MLUL development definition, made site plan ...

docket:	a1244-93
court:	njappellate
decided:	1995-12-27
status:	published published
citation:	286 N.J.Super. 222
Document Size:	49766

40 ERIK C. DIMARCO v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF EDGEWATER -- rank: 722

... be affected.'' Cherokee, 234 N.J. at 416- 17 (quoting N.J.S.A. 40:55D-4 definition for 'interested party'). It is not necessary that the party 'resid[es] within or without the municipality.' N.J.S.A. 40:55D-4. Cliffside Park argues that the property owner waived the contention ... or enjoy property' have been A-2060-21 12 affected. N.J.S.A. 40:55D-4. Cliffside Park established enough adverseness to have standing to challenge ...

docket:	a2060-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-09
status:	Unpublished
citation:
Document Size:	43057

41 KINDERKAMACK ROAD ASSOCIATES, LLC v. MAYOR AND COUNCIL OF THE BOROUGH OF ORADELL -- rank: 716

... proper under the MLUL's broad definition of "interested party." N.J.S.A. 40:55D-4. 2 Plaintiff named the Board as a defendant "solely as ... governing body" as "the chief legislative body of the municipality." N.J.S.A. 40:55D-4. This archive is a service of Rutgers School of Law ...

docket:	a4453-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	published
citation:	421 N.J. Super. 8 22 A.3d 129
Document Size:	48003

42 RACCOON CREEK GROUP LLC v. CONSTRUCTION BOARD OF APPEALS OF THE COUNTY OF GLOUCESTER -- rank: 716

... A. 40:55D-53.2(a). A GDP, defined in N.J.S.A. 40:55D-4, is a species of an application for development. See N ...

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

43 /usr/local/share/www/libweb/collections/courts/appellate/a0961-18.opn.html -- rank: 713

... S.A. 40:55D-1 to -163. Specifically, plaintiff cites N.J.S.A. 40:55D-4 for the proposition that an 'interested party' for purposes of ... action or a failure to act [pursuant to the MLUL].' N.J.S.A. 40:55D-4; see also State ex rel. Comm'r of Transp. v ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36063

44 BUILDERS LEAGUE OF SOUTH JERSEY, INC. v. THE TOWNSHIP OF FRANKLIN, et al. -- rank: 696

... some provisions of the MLUL that are mandatory. For example, N.J.S.A. 40:55D-4 defines "interested party" and a municipal governing body is not ...

docket:	A1247-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-18
status:	published
citation:	395 N.J. Super. 46 928 A.2d 88
Document Size:	58574

45 JOHN GIERCYK v. CITY OF ESTELL MANOR PLANNING ZONING BOARD -- rank: 691

... that the proposed use was 'an 'inherently beneficial use' under N.J.S.A. 40[:]55D-4' because it provides 'essential health care for an underserved population ... stake.' Applying the definition of 'inherently beneficial use' contained in N.J.S.A. 40:55D-4,7 the judge noted Audrey Carter ('Carter'), the executive director ... detriments of Hendricks' proposed use[,]' Judge Mendez stated: 7 Under N.J.S.A. 40:55D-4, an ''[i]nherently beneficial use' means a use which is ...

docket:	a2729-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	57145