Search Rutgers Law Library N.J. Court Opinions

16 Do-Wop Corp. t/a Razzle Dazzle Fantasy Runway v. City of Rahway -- rank: 717

... a State statute governing buffer zones for adult entertainment centers ( N.J.S.A. 40:55D-68. The trial court and the Appellate Division concluded that plaintiff ... non-compliant, it is entitled to protection under the MLUL, N.J.S.A. 40:55D-68. That statute permits a use to continue indefinitely after it ... continued upon the lot or in the structure so occupied.” N.J.S.A. 40:55D-68. Contrary to Do- Wop's assertion, that statute does not conflict with N.J.S.A. 40:55D-68 protects only preexisting nonconforming uses from changes made in municipal ...

docket:	a-25-00
court:	njsupreme
decided:	2001-06-29
status:
citation:	168 N.J. 191
Document Size:	32741

17 MANALAPAN REALTY V. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN -- rank: 717

... was a permitted use, it was protected by virtue of N.J.S.A. 40:55D-68, and a revision of the Master Plan or amendments to ... amendments were adopted. It therefore acquired no vested rights under N.J.S.A. 40:55D-68. Nor was a site-plan approval granted under the pre ...

docket:	a-61-94
court:	njsupreme
decided:	1995-06-06
status:
citation:	140 N.J. 366
Document Size:	80540

18 MICHAEL RANTZ v. THE PLANNING BOARD OF THE BOROUGH OF BAY HEAD -- rank: 713

... of the Borough of Bay Head (the Board) pursuant to N.J.S.A. 40:55D-68, seeking to have an accessory structure to the rear of ... approval being sought by [defendants was] a determination pursuant to N.J.S.A. 40:55D-68 that the existing plumbing facilities within the accessory building were ... and even if they could be 'certified' as such under N.J.S.A. 40:55D- 68, the evidence before the Board was insufficient. Alternatively, plaintiff contends ... Rizas, 132 N.J. 509, 518 (1993). In relevant part, N.J.S.A. 40:55D-68 provides: '[A]ny . . . person interested in any land upon which ... that defendants' application was beyond the certification procedure permitted by N.J.S.A. 40:55D-68 lacks any merit. Plaintiff contends that the Board lacked sufficient ...

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status:	Unpublished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

19 FRED McDOWELL, INC. v. BOARD OF ADJUSTMENT TOWNSHIP OF WALL, et al. -- rank: 713

... footnote 5 5 The expression of that balance appears in N.J.S.A. 40:55D-68, which provides in pertinent part:         Any nonconforming use or structure ... right to continue "a nonconforming use ... existing ... upon the lot ...." N.J.S.A. 40:55D-68. McDowell implicitly seeks to apply the Loechner doctrine, holding that ...

docket:	a3281-98
court:	njappellate
decided:	2000-08-25
status:	published
citation:	334 N.J.Super. 201
Document Size:	60339

20 DEG, LLC v. TOWNSHIP OF FAIRFIELD, et al. -- rank: 713

... which DEG is permitted to operate the Store, pursuant to N.J.S.A. 40:55D-68, DEG shall apply for, and the Township Zoning Official shall ... which DEG is permitted to operate the Store, pursuant to N.J.S.A. 40:55D-68, DEG shall apply for, and the Township Zoning Official shall ... MLUL for continuation of a nonconforming use is provided by N.J.S.A. 40:55D-68, which states in pertinent part: Any nonconforming use or structure ... rendered the use or structure nonconforming. "The plain language of N.J.S.A. 40:55D-68 protects only preexisting nonconforming uses from changes made in municipal ... the essential precondition for recognition of a nonconforming use under N.J.S.A. 40:55D-68. See Do-Wop , supra , 168 N.J. at 198. We ...

docket:	a5181-06
court:	njappellate
decided:	2008-01-31
status:	published
citation:	398 N.J.Super. 59
Document Size:	74403

21 FRED McDOWELL, INC. v. BOARD OF ADJUSTMENT TOWNSHIP OF WALL, et al. -- rank: 713

... footnote 5 5 The expression of that balance appears in N.J.S.A. 40:55D-68, which provides in pertinent part:         Any nonconforming use or structure ... right to continue "a nonconforming use ... existing ... upon the lot ...." N.J.S.A. 40:55D-68. McDowell implicitly seeks to apply the Loechner doctrine, holding that ...

docket:	a2888-98
court:	njappellate
decided:	2000-08-25
status:	published
citation:	<a href=
Document Size:	64712

22 /usr/local/share/www/libweb/collections/courts/appellate/a2961-19.opn.html -- rank: 710

... Cemetery] is legally entitled to continue its cemetery pursuant to N.J.S.A. 40:55D-68, and it is entitled to include a crematorium as accessory ... Bd. of Adjustment, 154 N.J. 62, 69 (1998) (citing N.J.S.A. 40:55D-68; N.J.S.A. 40:55D-20). Pursuant to N ...

docket:
court:
decided:
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Document Size:	24462

23 JESSE ROSENBLUM v. BOROUGH OF CLOSTER -- rank: 707

... A. 40:55D-1 to -129. Of particular concern is N.J.S.A. 40:55D-68 ("Section 68"), which governs the issuance of certificates confirming that ...

docket:	a3301-04
court:	njappellate
decided:	2005-10-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	23605

24 STANLEY J. SUSSMAN et al. v. ROBERT WAYNE MERMER et al. -- rank: 697

... restored or repaired in the event of partial destruction thereof." N.J.S.A. 40:55D-68. It is the burden of the property owner to establish ... majority did, but "thus interpreted, [it] would be contrary to N.J.S.A. 40:55D-68 and hence invalid." Id. at 62. He anticipated that, under ... conducted on the premises. Id. at 64. In his view, " N.J.S.A. 40:55D-68 preserves a property owner's right to maintain a nonconforming ... Lyme , 121 F. Supp.2d 195 , 208 (D. Conn. 2000).      N.J.S.A. 40:55D-68 (and its predecessor, 11 N.J. 144, 152-53 (1953 ... cessation of the prior nonconforming use.").     We are convinced that N.J.S.A. 40:55D-68 does not authorize land use boards to deprive a nonconforming ...

docket:	a1997-03
court:	njappellate
decided:	2004-12-21
status:	published
citation:	373 N.J. Super. 603
Document Size:	49275

25 HARRISON REDEVELOPMENT AGENCY v. FER BOULEVARD REALTY CORP -- rank: 681

... examination and closing argument, was contrary to the terms of N.J.S.A. 40:55D-68, which is a provision of the Municipal Land Use Law ... fail to require proof in accordance with the application of N.J.S.A. 40:55D-68 that the property owner intended to abandon the use of ... during summations, which neither side ultimately did. The MLUL, specifically N.J.S.A. 40:55D-68, has been construed as allowing a property owner to indefinitely ... whether the owner intended to abandon the property. Ibid. Under N.J.S.A. 40:55D-68, then, either § 225-97 (from the Township of Harrison ...

docket:	a1362-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-09
status:	unpublished
citation:
Document Size:	88977

26 ALFONSO DIASPARRA v. PLANNING BOARD OF THE BOROUGH OF TENAFLY -- rank: 678

... or board of adjustment that the use was legal. See N.J.S.A. 40:55D-68. The Board also was unconvinced by plaintiffs' proofs that they ... Keansburg , 321 N.J. Super. 288 , 291 (App. Div. 1999); N.J.S.A. 40:55D-68 ("The applicant shall have the burden of proof."). The proponent ... Ferraro , supra , 321 N.J. Super. at 291; see also N.J.S.A. 40:55D-68 ("Any nonconforming use or structure existing at the time of ... certification of a prior legal non-conforming use pursuant to N.J.S.A. 40:55D-68, plaintiffs' failure to do so is additional evidence that they ...

docket:	a0015-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-14
status:	unpublished
citation:
Document Size:	37548

27 JESSE ROSENBLUM v. CLOSTER PLANNING BOARD -- rank: 675

... S.A. 40:55D-70(d)]. [ Ibid. (emphasis added).] 2 N.J.S.A . 40:55D-68 provides that "[a]ny nonconforming use or structure existing at ... that Closter Marketplace was not entitled to the protection of N.J.S.A. 40:55D-68 because the buildings were already non-conforming structures when built ...

docket:	a3243-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	unpublished
citation:
Document Size:	46520

28 ROCKY HILL CITIZENS FOR RESPONSIBLE GROWTH v. PLANNING BOARD OF THE BOROUGH OF ROCKY HILL -- rank: 668

... nonconforming uses." Avalon , supra , 111 N.J. at 212 (citing N.J.S.A. 40:55D-68, which empowers the zoning boards of adjustment to make such ...

docket:	a1595-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-08
status:	published
citation:	406 N.J. Super. 384 967 A.2d 929
Document Size:	200258

29 BRIAN D. ASARNOW v. CITY OF LONG BRANCH -- rank: 662

... certificate of non-conforming use issued under the authority of N.J.S.A. 40:55D-68. N.J.S.A. 40:55D-68 provides, in part, that a "prospective purchaser . . . or any other ... non-conforming or any time to the board of adjustment." N.J.S.A. 40:55D-68. E&L did not request such a certificate. More significantly ...

docket:	a0999-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-06
status:	unpublished
citation:
Document Size:	33763

30 DR. AURORA BAIRAN v. BOROUGH OF CLOSTER ZONING BOARD OF ADJUSTMENT -- rank: 652

... lot were legally existing, nonconforming structures and uses pursuant to N.J.S.A. 40:55D-68, or, in the alternative, use and bulk variances pursuant to ... zoning ordinance, and their nonconforming status was therefore protected under N.J.S.A. 40:55D-68. The Board noted that the property is located in the ...

docket:	a3114-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-21
status:	unpublished
citation:
Document Size:	55725