Search Rutgers Law Library N.J. Court Opinions

61 ALAN VINEGRAD v. DOUGLAS MILLER -- rank: 623

... other person having an enforceable proprietary interest in such land.' N.J.S.A. 40:55D-4. The MLUL authorizes the Board to grant variances from zoning ... any land proposed to be included in a proposed development.' N.J.S.A. 40:55D-4. Accordingly, under the facts of this case, we reject plaintiff ...

docket:	a0896-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-12
status:	Unpublished
citation:
Document Size:	21906

62 PAKS FAST SERVICE INC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MAHWAH -- rank: 623

... 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:	a1948-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	28731

63 MAXIMUS REAL ESTATE FUND, LLC v. LIBERO D. MAROTTA -- rank: 623

... challenge land use applications have no such proximity requirement. See N.J.S.A. 40:55D-4 and -18. Moreover, in our decisions we have not required ...

docket:	a5501-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-13
status:	Published
citation:
Document Size:	36601

64 MAXIMUS REAL ESTATE FUND, LLC v. LIBERO D. MAROTTA -- rank: 623

... challenge land use applications have no such proximity requirement. See N.J.S.A. 40:55D-4 and -18. Moreover, in our decisions we have not required ...

docket:	a5459-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-13
status:	Published
citation:
Document Size:	36602

65 AB MONMOUTH, L.L.C. v. TOWNSHIP OF WALL PLANNING BOARD -- rank: 617

... informed decision. . . ." (emphasis added)). The term "developer" is defined by N.J.S.A. 40:55D-4 to mean "the legal or beneficial owner or owners of ... AB Monmouth is not a developer within the meaning of N.J.S.A. 40:55D-4, that is, "the legal or beneficial owner or owners of ... owner or group of owners, would be the developers under N.J.S.A. 40:55D-4. Nor is AB Monmouth the holder of an option or ...

docket:	a1099-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-06
status:	unpublished
citation:
Document Size:	32501

66 LARRY PRICE v. LIBERTY PARK AT UNION CITY LLC -- rank: 617

... to allow "an increase in the permitted floor area ratio . . . ." N.J.S.A. 40:55D-4. "FAR restrictions, like restrictions on density, bulk or building size ... dwelling units per gross area of land to be developed." N.J.S.A. 40:55D-4. "The board of adjustment has sole jurisdiction over applications that ...

docket:	a1435-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	51084

67 N.J. Highlands Coalition v. New Jersey Department of Environmental Protection . -- rank: 600

... approval was not a final approval within the meaning of N.J.S.A. 40:55D-4 until Bi-County satisfied the conditions of the approval, including ... approval was not a final approval within the meaning of N.J.S.A. 40:55D-4. Plaintiffs posited that the 2007 approval was a final approval ... completion, or approval conditioned upon the posting of such guarantees. [N.J.S.A. 40:55D-4.] The DEP disputes that its application of the Highlands Actâ ...

docket:	a-32-17
court:	NJ Supreme Court
decided:	2018-12-13
status:
citation:	236 N.J. 208 198 A.3d 982
Document Size:	23243

68 UNITED WATER NEW JERSEY v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MONTVALE -- rank: 597

... conclude that it did not. The term is defined in N.J.S.A. 40:55D-4 as: a use which is universally considered of value to ... and photovoltaic energy facilities, production of energy from renewable sources. N.J.S.A. 40:55D-4. When the inherently beneficial character of activities related to the ...

docket:	a2526-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	32119

69 CITIZENS UNITED TO PROTECT THE MAURICE RIVER AND ITS TRIBUTARIES, INC., et al. v. CITY OF MILLVILLE PLANNING BOARD et al. -- rank: 597

... a comprehensive plan for the development of a planned development." N.J.S.A. 40:55D-4. The applicable substantive provisions for GDPs are codified at N ... variations from the ordinary standards for preliminary and final approval." N.J.S.A. 40:55D-4, that a GDP "shall comprise a comprehensive plan for the ...

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

70 RONALD S. TAFT v. UPPER FREEHOLD TOWNSHIP PLANNING BOARD -- rank: 583

... unreasonably or capriciously. Judge Lehrer specifically found: The language of [ N.J.S.A. 40:55D-4] and [ Upper Freehold Township, N.J., Ordinance § 35-203 ... a verbatim recitation of the definition of "developer" contained in N.J.S.A. 40:55D-4 of the Municipal Land Use Law (MLUL), N.J.S ...

docket:	A2564-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-02
status:	unpublished
citation:
Document Size:	58304

71 RICHARD GIANACAKOS v. HUDSON RIVER CROSSFIT -- rank: 583

... an action or a failure to act under [this Act].' N.J.S.A. 40:55D-4. The trial court found plaintiffs' right to the use and ...

docket:	a0808-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-01
status:	Unpublished
citation:
Document Size:	33170

72 KNOWLTON RIVERSIDE ESTATES, INC. v. THE PLANNING BOARD TOWNSHIP OF KNOWLTON -- rank: 580

... completion, or approval conditioned upon the posting of such guarantees." N.J.S.A. 40:55D-4. Thus, a developer's obligation to obtain required approvals from ...

docket:	a6082-99
court:	njappellate
decided:	2002-02-05
status:	published
citation:	347 N.J. Super. 362
Document Size:	14559

73 STEVEN I. GROSS v. KEVIN A. IANNUZZI -- rank: 566

... and appropriate elevation.' Under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-4, a '[d]evelopment regulation' is defined as a 'zoning ordinance ...

docket:	a0018-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-05
status:	Published
citation:	459 N.J.Super. 296 210 A.3d 250
Document Size:	37818

74 AB JC INVESTMENTS LLC,1 v. BOROUGH OF FRANKLIN LAKES ZONING BOARD OF ADJUSTMENT -- rank: 563

... structure.'" Branchburg , supra , 433 N.J. Super. at 254 (quoting N.J.S.A. 40:55D-4). As the Board here recognized, a project comprised solely of ...

docket:	a2022-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31124

75 ROBERT BARAN et al. v. TOWNSHIP OF PLUMSTED, et al. -- rank: 538

... the enactment of a "development regulation," which is defined in N.J.S.A. 40:55D-4 as "a zoning ordinance, subdivision ordinance, official map ordinance or ...

docket:	A1497-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-19
status:	unpublished
citation:
Document Size:	75613