Search Rutgers Law Library N.J. Court Opinions

16 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 808

... to be incidental to the natural openness of the land. [ N.J.S.A. 40:55D-5.] The Board's counsel further advised that it was for ... the Development Regulations tracked the MLUL definition of "open space." N.J.S.A. 40:55D-5. Both required that the property be "essentially unimproved" and any ...

docket:	a5496-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

17 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 808

... to be incidental to the natural openness of the land. [ N.J.S.A. 40:55D-5.] The Board's counsel further advised that it was for ... the Development Regulations tracked the MLUL definition of "open space." N.J.S.A. 40:55D-5. Both required that the property be "essentially unimproved" and any ...

docket:	a5871-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

18 /usr/local/share/www/libweb/collections/courts/appellate/a2961-19.opn.html -- rank: 808

... is located by reasons of such adoption, revision[,] or amendment.' N.J.S.A. 40:55D-5. It is well-settled that '[t]he zoning board's ...

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Document Size:	24462

19 THEODORE GAYDOS v. MONROE TOWNSHIP BOARD OF ADJUSTMENT -- rank: 753

... is located by reasons of such adoption, revision or amendment." N.J.S.A. 40:55D-5. "However, a use permitted by variance is . . . not a nonconforming ...

docket:	a4633-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-24
status:	unpublished
citation:
Document Size:	47296

20 MAGDIMI KHAIL v. GLENN P.W. LAURITSEN -- rank: 749

... prejudice. In reaching this conclusion, the judge noted that because N.J.S.A. 40:55D-5 distinguishes between a nonconforming use and a nonconforming structure, his ... plain language of the statute, the trial judge reasoned because N.J.S.A. 40:55D-5 distinguishes between a nonconforming use and a nonconforming structure, a ...

docket:	a4269-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	86010

21 JOSEPH BARTONEK v. TOWNSHIP OF EDISON -- rank: 749

... or amendment.'" Nuckel , supra , 208 N.J. at 106 (quoting N.J.S.A. 40:55D-5). "Under the MLUL, nonconforming uses 'may be continued upon the ...

docket:	a2035-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	34575

22 STAVOLA INDUSTRIES, LLC v. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 700

... is located by reasons of such adoption, revision or amendment." N.J.S.A. 40:55D-5. "Any nonconforming use or structure existing at the time of ...

docket:	A3794-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-16
status:	unpublished
citation:
Document Size:	51554

23 MONICA MALONE v. CITY OF BRIGANTINE -- rank: 694

... 38(a) (emphasis added). The judge reviewed other statutes, including N.J.S.A. 40:55D-5, part of the definitional sections of the Municipal Land Use ...

docket:	a0365-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-16
status:	Unpublished
citation:
Document Size:	42175

24 ASDAL BUILDERS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 691

... a non-conforming use as apt to this circumstance. See N.J.S.A. 40:55D-5. We agree this analogy is appropriate. A non-conforming use ...

docket:	a2392-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	published
citation:	426 N.J. Super. 564 46 A.3d 575
Document Size:	130052

25 WILLIAM GRUBBS, et al. v. LENORE SLOTHOWER, et al. -- rank: 688

... of lots specifically permitted by ordinance as a minor subdivision . . . ." N.J.S.A. 40:55D-5. "Major" subdivision "means any subdivision not classified as a minor ...

docket:	a4196-05
court:	njappellate
decided:	2007-01-08
status:	published
citation:	389 N.J. Super. 377
Document Size:	24348

26 /usr/local/share/www/libweb/collections/courts/appellate/a0822-19.opn.html -- rank: 685

... to seek a variance from the Board. He submits 4 N.J.S.A. 40:55D-5 defines a '[n]onconforming lot' as 'a lot, the area ...

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27 FH LINE ROAD, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ABERDEEN -- rank: 679

... is located by reasons of such adoption, revision or amendment." N.J.S.A. 40:55D-5. A use permitted by variance is clearly distinct from a ...

docket:	a5230-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-23
status:	unpublished
citation:
Document Size:	28866

28 MICHAEL SCARFI v. WESTWOOD PLANNING BOARD -- rank: 672

... apply to a minor subdivision, which is separately defined in N.J.S.A. 40:55D-5 to mean "a subdivision of land for the creation of ...

docket:	A1397-05
court:	NJ Superior Court Appellate Division
decided:	2006-05-24
status:	unpublished
citation:
Document Size:	29149

29 LESTER M. ENTIN ASSOCIATES v. TOWN OF HARRISON -- rank: 666

... pursuant to N.J.S.A. 40:55D-11. See N.J.S.A. 40:55D-5 (defining major and minor subdivisions). The roadway network for the ...

docket:	a4011-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-28
status:	unpublished
citation:
Document Size:	91063

30 MICHAEL RANTZ v. THE PLANNING BOARD OF THE BOROUGH OF BAY HEAD -- rank: 654

... is located by reasons of such adoption, revision or amendment. [N.J.S.A. 40:55D-5.] Bay Head's zoning regulations permit '[a]ccessory uses and ...

docket:	a2847-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-08
status:	Unpublished
citation:
Document Size:	25645