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16 CONCERNED CITIZENS OF PRINCETON, INC., et al. v. MAYOR AND COUNCIL BOROUGH OF PRINCETON -- rank: 690

... was limited to consideration of the criteria set forth in N.J.S.A. 40A:12A-5 have been established by substantial credible evidence. Here, there was ... need of redevelopment pursuant to the criteria set forth in N.J.S.A. 40A:12A-5 and is supported by substantial credible evidence.     The following discussion ... redevelopment of public land to the criteria set forth in N.J.S.A. 40A:12A-5, including subsections (d) and (e) as applied by the Borough ... contemplation of redevelopment. In fact the pre-amble to section N.J.S.A. 40A:12A-5 states that the study area can be designated as one ... in need of redevelopment by a municipality under the LRHL, N.J.S.A. 40A:12A-5. Plaintiffs contend that because the subject site is municipally owned ... that the area is in need of redevelopment pursuant to [ N.J.S.A. 40A:12A-5 and 40A:12A-6] for the purpose of granting ...

docket:	a4461-02
court:	njappellate
decided:	2004-06-30
status:	published
citation:	370 N.J. Super. 429
Document Size:	68724

17 /usr/local/share/www/libweb/collections/courts/appellate/a4036-18.opn.html -- rank: 676

... the criteria of an area in need of redevelopment in N.J.S.A. 40A:12A-5. The following month, Paul Grygiel, the Board's consultant planner ... the criteria for an area in need of redevelopment under N.J.S.A. 40A:12A-5(b) 'due to its partially vacant condition and unfavorable prospects for re-tenanting,' and under N.J.S.A. 40A:12A-5(d) based on 'the odd configuration of the central shopping ... to the safety, health, morals, or welfare of the community. [ N.J.S.A. 40A:12A-5(b) and (d).] Having synopsized the key testimony underlying the ... so great a state of disrepair as to be untenantable. [N.J.S.A. 40A:12A-5(b).] Mr. Grygiel admitted that neither the shopping center nor ... L. 2019, c. 229, § 1, eff. Aug. 9, 2019; N.J.S.A. 40A:12A-5(b).] If discontinuance of use could encompass a building ...

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court:
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Document Size:	33884

18 ACADEMY HILL, INC v. CITY OF LAMBERTVILLE -- rank: 674

... to remedy.' Super. 416, 423-24 (App. Div. 2019) (quoting N.J.S.A. 40A:12A-5 to -6). 'Once an area is designated a 'redevelopment area ... were 'an [AINR] according to the criterion set forth in N.J.S.A. 40A:12A-5' of the LRHL. When the resolution was read into the ... the delineated area any of [eight enumerated] conditions is found[. . . .]' N.J.S.A. 40A:12A-5. Here, the City Council's adoption of Ordinance No. 22 ... subject A-4674-18 26 tract met the criteria in N.J.S.A. 40A:12A-5. Specifically, the report concluded that the study area satisfied the criteria in N.J.S.A. 40A:12A-5(a) to (f)14 'due to persistent site conditions that ... general, and is unlikely to be remedied by private investment. N.J.S.A. 40A:12A-5(a) to (f). 15 We also agree with the ...

docket:	a4674-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	65787

19 S. GALLENTHIN REALTY DEVELOPMENT, INC., et al. v. THE BOROUGH OF PAULSBORO, PLANNING BOARD BOROUGH OF PAULSBORO, et al. -- rank: 668

... that the delineated study area meets the statutory criteria [in N.J.S.A. 40A:12A-5] for designation as an area in need of redevelopment." A ... of redevelopment in accordance with the criteria set forth in N.J.S.A. 40A:12A-5. The planning board conducted a public hearing on July 11 ... designation as "an area in need of redevelopment" pursuant to N.J.S.A. 40A:12A-5, then the Planning Board shall be authorized to prepare and ... did not meet any of the criteria set forth in N.J.S.A. 40A:12A-5 for its designation as an area in need of redevelopment ... to determine whether any of the conditions set forth in N.J.S.A. 40A:12A-5 of the delineated property are present. N.J.S.A ... smart growth planning principles adopted pursuant to law or regulation. [ N.J.S.A. 40A:12A-5 (emphasis added).] Upon the completion of the public hearing, ...

docket:	a6941-03
court:	njappellate
decided:	2006-07-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	104418

20 S. GALLENTHIN REALTY DEVELOPMENT, INC., et al. v. THE BOROUGH OF PAULSBORO, PLANNING BOARD BOROUGH OF PAULSBORO, et al. -- rank: 668

... that the delineated study area meets the statutory criteria [in N.J.S.A. 40A:12A-5] for designation as an area in need of redevelopment." A ... of redevelopment in accordance with the criteria set forth in N.J.S.A. 40A:12A-5. The planning board conducted a public hearing on July 11 ... designation as "an area in need of redevelopment" pursuant to N.J.S.A. 40A:12A-5, then the Planning Board shall be authorized to prepare and ... did not meet any of the criteria set forth in N.J.S.A. 40A:12A-5 for its designation as an area in need of redevelopment ... to determine whether any of the conditions set forth in N.J.S.A. 40A:12A-5 of the delineated property are present. N.J.S.A ... smart growth planning principles adopted pursuant to law or regulation. [ N.J.S.A. 40A:12A-5 (emphasis added).] Upon the completion of the public hearing, ...

docket:	A0222-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-14
status:	unpublished
citation:
Document Size:	109008

21 HARRISON REDEVELOPMENT AGENCY v. ANTHONY J. DEROSE -- rank: 657

... the Gruel Report] is a redevelopment area in accordance with N.J.S.A. 40A:12A-5 and that it be approved as such." The notice was ...

docket:	A0382-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-25
status:	published
citation:
Document Size:	205498

22 HARRISON REDEVELOPMENT AGENCY v. ANTHONY J. DEROSE -- rank: 657

... the Gruel Report] is a redevelopment area in accordance with N.J.S.A. 40A:12A-5 and that it be approved as such." The notice was ...

docket:	A0958-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-25
status:	published
citation:
Document Size:	205496

23 CITIZENS IN ACTION, et al. v. TOWNSHIP OF MT. HOLLY, et al. -- rank: 648

... an area in need of redevelopment as set forth in N.J.S.A. 40A:12A-5. Accordingly, the designation was not supported by substantial credible evidence ... whether an area is in need of redevelopment. In particular, N.J.S.A. 40A:12A-5 authorizes that designation if "any" of seven "conditions" are found ...

docket:	A1099-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-05
status:	unpublished
citation:
Document Size:	104860

24 CIVIC JC, INC v. THE CITY OF JERSEY CITY -- rank: 643

... redevelopment,' by Jersey City, its Council and Planning Board under N.J.S.A. 40A:12A-5 of the Local Redevelopment and Housing Law (LRHL), N.J ... smart growth planning principles adopted pursuant to law or regulation. [N.J.S.A. 40A:12A-5.] 3 A-4356-15T3 Bucci-Carter conducted an investigation of ... d) as an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-5. The Montgomery Street parking lot has faded striping, and lacks ... and (h) as an area in need of redevelopment under N.J.S.A. 40A:12A-5. The last parcel surveyed by the Report is the three ... criterion (a) as an area in need of redevelopment under N.J.S.A. 40A:12A-5. The last section of the Report entitled 'Conclusion and Recommendation ... need of redevelopment under criteria (a), (d), and (h) of N.J.S.A. 40A:12A-5. The Report characterizes the buildings as having 'conditions of ...

docket:	a4356-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-01
status:	unpublished
citation:
Document Size:	43342

25 SADDLEWOOD COURT, LLC v. CITY OF JERSEY CITY -- rank: 634

... area in need of redevelopment pursuant to the LRHL. See N.J.S.A. 40A:12A-5 to -6. That designation would enable the City to exercise ... and 'h' as an 'area in need of redevelopment'' under N.J.S.A. 40A:12A-5. Regarding '[p]edestrian infrastructure' in the Block, Krehel described '[t ... rea.'' He specified the Block met the statutory requirements under N.J.S.A. 40A:12A-5(a), (d), (e), and (h) and gave specific findings as to each statutory requirement. As to N.J.S.A. 40A:12A-5(a), he found '[t]he overall structure and layout of ... individual townhouses can be conducive to unwholesome living conditions.' Regarding N.J.S.A. 40A:12A-5(d), Krehel found, among other things, '[a]pproximately 75% of ... deleterious use adverse to public health and welfare . . . .' As to N.J.S.A. 40A:12A-5(e), he found the Block 'as a whole is ...

docket:	a2665-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-02
status:	Unpublished
citation:
Document Size:	40173

26 TOWNSHIP OF CINNAMINSON v. COVE HOUSE, LLC -- rank: 617

... rehabilitation' pursuant to the criteria set forth in the LRHL, N.J.S.A. 40A:12A-5. Those properties included two parcels currently owned by A-0576 ... criteria set forth in subsections (d), (e), and (h) of N.J.S.A. 40A:12A-5. Subsection (d) authorizes a municipal governing body to designate the ... pursuant to the criteria set forth in subsection (d) of N.J.S.A. 40A:12A-5. The judge found the record did not contain sufficient evidence ... blight under the criteria of subsections (e) and (h) of N.J.S.A. 40A:12A-5. Having found the Township had submitted substantial evidence to support ... credible evidence to support the Township's redevelopment designation under N.J.S.A. 40A:12A-5(d). We agree and, accordingly, reverse the orders granting the ... the essence of arbitrary and capricious action'). Subsection (d) of N.J.S.A. 40A:12A-5 – the only statutory provision the trial judge found ...

docket:	a0576-23
court:	NJ Superior Court Appellate Division
decided:	2023-12-04
status:	Unpublished
citation:
Document Size:	27027

27 MONROE PROPERTIES, LLC v. THE CITY OF HOBOKEN -- rank: 617

... a redevelopment area according to the criteria set forth in N.J.S.A. 40A:-12A-5. Section 2.02 . Preparation of Redevelopment Plan . The City shall ... a redevelopment area according to the criteria set forth in [ N.J.S.A. 40A:12A-5]. Such determination shall be made after public notice and public ...

docket:	A3101-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-30
status:	unpublished
citation:
Document Size:	45350

28 MONROE PROPERTIES, LLC v. THE CITY OF HOBOKEN -- rank: 617

... a redevelopment area according to the criteria set forth in N.J.S.A. 40A:-12A-5. Section 2.02 . Preparation of Redevelopment Plan . The City shall ... a redevelopment area according to the criteria set forth in [ N.J.S.A. 40A:12A-5]. Such determination shall be made after public notice and public ...

docket:	A3382-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-30
status:	Published
citation:
Document Size:	44468

29 62-64 MAIN STREET L.L.C. and 59-61 MOORE STREET L.L.C v. MAYOR and COUNCIL OF THE CITY OF HACKENSACK; PLANNING BOARD OF THE CITY OF HACKENSACK - and THOMAS P. KAVANAGH -- rank: 610

... at 357 (citing N.J.S.A. 40A:12A-3). N.J.S.A. 40A:12A-5 outlines the conditions that, if found, allow a municipality to ... the Constitution, Gallenthin 's holding applies to every subsection of N.J.S.A. 40A:12A-5. See Hoagland v. City of Long Branch , 428 N.J ... correct unsafe conditions, places the property within criteria "a" of [ N.J.S.A. 40A:12A-5] because the two buildings are substandard and unsafe for occupancy ... the Main property satisfied subsections (a), (b), and (d) of N.J.S.A. 40A:12A-5, and the Moore property satisfied subsection (d) of the statute ... as holding that blight only applies to subsection (e) of N.J.S.A. 40A:12A-5, which was not cited in the Board's findings. It ... there would be no negative impact on the community. See N.J.S.A. 40A:12A-5(d). Moreover, the Board did not address the fact ...

docket:	a3257-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-03
status:	unpublished
citation:
Document Size:	22302

30 Gallenthin Realty Development, Inc. v. Borough of Paulsboro -- rank: 603

... need of redevelopment” pursuant “to the criteria set forth in N.J.S.A. 40A:12A-5.” The governing body’s resolution did not encompass the Gallenthin ... evidenced by the underutilization of the existing rail line (Criteria [ N.J.S.A. 40A:12A-5(e)]).     Owing principally to the instances of stagnant and not ... to be an area in need of redevelopment.     Criteria E [( N.J.S.A. 40A:12A-5(e))] of all the criteria, it’s the criteria that ... 56 N.J. at 350).     A. The overall structure of N.J.S.A. 40A:12A-5 suggests that the Legislature did not intend subsection (e), which ... applied as Paulsboro contends. The Legislature included eight subsections within N.J.S.A. 40A:12A-5, any one of which may be the basis for designating ... the statute’s context and structure, a reasonable interpretation of N.J.S.A. 40A:12A-5 is that each subsection provides, at least to a ...

docket:	a-51-06
court:	njsupreme
decided:	2007-06-13
status:
citation:	191 N.J. 344
Document Size:	52050