Search Rutgers Law Library N.J. Court Opinions

31 ANTHONY CONSELICE v. BOROUGH OF SEASIDE PARK, et al. -- rank: 617

... relief that can be granted by the planning board.     Although N.J.S.A. 40:55D-68 allows a preexisting nonconforming use to continue absent abandonment or ... uses. Although such uses may be continued as of right, [ N.J.S.A. 40:55D-68], they may not be enlarged as of right. Grundlehner v ... not involve a preexisting nonconforming use that was "grandfathered" by N.J.S.A. 40:55D-68, but concerned a property that had been granted a use ...

docket:	A3058-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-18
status:	published
citation:	358 N.J. Super. 327 817 A.2d 988
Document Size:	31981

32 LANCE AUSTENBERG v. LAND USE BOARD OF THE TOWNSHIP OF BEDMINSTER -- rank: 617

... Lot 29 constitute a pre-existing nonconforming use pursuant to N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ... that these uses constitute a pre-existing nonconforming use under N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ... has been issued by the Board of Adjustment pursuant to N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ...

docket:	a1239-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	40603

33 STATE OF NEW JERSEY v. EUGENE REINSALU -- rank: 617

... Lot 29 constitute a pre-existing nonconforming use pursuant to N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ... that these uses constitute a pre-existing nonconforming use under N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ... has been issued by the Board of Adjustment pursuant to N.J.S.A. 40:55D-68 and Section 13-507 of the Bedminster Township Zoning and ...

docket:	a3951-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-10
status:	unpublished
citation:
Document Size:	40354

34 JOSEPH BARTONEK v. TOWNSHIP OF EDISON -- rank: 604

... the lot or in the structure so occupied.'" Ibid. (quoting N.J.S.A. 40:55D-68). However, because noncomforming uses are incompatible with uniform zoning, "the ...

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status:	unpublished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

35 JOSEPH B. PARUSZEWSKI VS TOWNSHIP OF ELSINBORO, TOWNSHIP COMMITTEE OF TOWNSHIP TOWNSHIP OF ELSINBORO, ET AL -- rank: 601

... of Elsinboro. Plaintiff applied to the zoning board pursuant to N.J.S.A. 40:55D-68 for "certification that the use" of a field on his ... is entirely within the jurisdiction of the zoning board under N.J.S.A. 40:55D-68. There is no appeal to the governing body. Anyone dissatisfied ...

docket:	a5692-95
court:	njappellate
decided:	1997-02-20
status:	published
citation:	297 N.J.Super. 531
Document Size:	34071

36 Warren Lumber Inc. c/o Warren Millwor and Empire TFI Jersey Holding LLC v. Washington Borough -- rank: 591

... Building 1 for residential purposes was “abandoned.” Under N.J.S.A. 40:55D-68, an owner's “abandonment” of a nonconforming use may ...

docket:	002647-14
court:	NJ Tax Court
decided:	2019-02-26
status:	Unpublished
citation:
Document Size:	66075

37 TROY ENDRESON v. DOVER TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 585

... N.J. Super. at 183. Clearly, the protections afforded by N.J.S.A. 40:55D-68 were triggered by the fire which damaged Walsh's home ... that Walsh has proven exceptional and undue hardship pursuant to N.J.S.A. 40:55D-68 without revision. (continued) (continued) 25 A-2111-07T2 April 22 ...

docket:	a2111-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-22
status:	unpublished
citation:
Document Size:	66041

38 CONGREGATION ANSHEI ROOSEVELT v. PLANNING AND ZONING BOARD OF THE BOROUGH OF ROOSEVELT -- rank: 585

... nonconforming uses. The uses may be continued as of right, N.J.S.A. 40:55D-68, but may not be enlarged as of right, Grundlehner v ...

docket:	a1390-09
court:	superior court appellate division
decided:	2011-02-09
status:	unpublished
citation:
Document Size:	60630

39 NICKELS V. THE CITY OF WILDWOOD -- rank: 578

... authorizes the expansion of a non-conforming use, contrary to N.J.S.A. 40:55D-68 and 70d. The Law Division sustained the ordinance, and the ... at 209-10. Consequently, we held that the amendment contravened N.J.S.A. 40:55D-68 and 70d. Id. at 211-12.     The analysis of non ...

docket:	a-81-94
court:	njsupreme
decided:	1995-05-16
status:
citation:	140 N.J. 261
Document Size:	24373

40 ROBERT H. BREUNIG v. T&R HOLDINGS, LLC -- rank: 578

... The court determined that these were valid nonconforming uses under N.J.S.A. 40:55D-68. We are satisfied that the record fully supports the trial ...

docket:	a6251-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-25
status:	unpublished
citation:
Document Size:	30161

41 LOUIS PICARDO v. HOBOKEN ZONING BOARD OF ADJUSTMENT -- rank: 575

... is amended in a manner that would prohibit the use. N.J.S.A. 40:55D-68. However, an expansion of the now non-conforming use requires ...

docket:	a3705-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-20
status:	unpublished
citation:
Document Size:	31602

42 JAMES LOBIONDO, JR. andDENISE LOBIONDO, Individuallyand t/a D. LOBI ENTERPRISES, INC.,Plaintiffs-Respondents/ Cross-Appellants,v. GRACE SCHWARTZ, JANICE DEMARCO,KAREN SCHWARTZ, and MARILYN KALLAREOU,Defendants-Appellants/ Cross-Respondents. -- rank: 569

... which should be accorded the safety of protections guaranteed by N.J.S.A. 40:55D-68 and as further defined by N.J.S.A. 40 ...

docket:	a6096-95
court:	njappellate
decided:	1999-07-07
status:	published
citation:	323 N.J.Super. 391
Document Size:	100327

43 ST. PAUL'S OUTREACH, INC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 569

... makes 'substantial expenditures in good faith reliance on a 3 N.J.S.A. 40:55D-68. A-0264-17T1 22 permit that was issued because of ...

docket:	a0264-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	45886

44 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT, FLOOD HAZARD AREA INDIVIDUAL PERMIT AND FLOOD HAZARD AREA VERIFICATION, 1500-16-0004.1 WFD16001, 1508-18-0002.1 FHA18001, and 1508-18-0002.1 FHA180002 IN TH -- rank: 565

... of abandonment associated with the Municipal Land Use Law ('MLUL'), N.J.S.A. 40:55D-68. Under the MLUL, nonconforming uses or structures on a property ... restored or repaired in the event of partial destruction thereof.' N.J.S.A. 40:55D-68. In S&S Auto Sales, Inc. v. Zoning Bd. of ...

docket:	a5525-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	117435

45 E.H.C.S., LLC v. EAST HANOVER LAND USE PLANNING BOARD -- rank: 565

... seek resolution of the issue: (1) an application pursuant to N.J.S.A. 40:55D-68 3 for a certification that impoundment was an existing nonconforming ...

docket:	a4320-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	28226