Search Rutgers Law Library N.J. Court Opinions

1 LAKESIDE MANOR v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 1000

... the Department of Environmental Protection (DEP) before March 29, 2004. N.J.S.A. 13:20-28(a)(3). This appeal requires us to interpret the requirements ... date for the exemption from the Highlands Act provided by N.J.S.A. 13:20-28(a)(3) was March 29, 2004, which was approximately four ... Highlands Applicability Determination" that their development projects were exempted under N.J.S.A. 13:20-28(a)(3) from the regulatory provisions of the Highlands Act ... evidentiary hearing regarding appellants' entitlement to the exemption provided by N.J.S.A. 13:20-28(a)(3). At that hearing, Jacinto Rodriguez, who is president ... by the cut-off date for the exemption provided by N.J.S.A. 13:20-28(a)(3). Accordingly, the ALJ concluded that appellants were entitled ... of the subdivision approval for its site, as required by N.J.S.A. 13:20-28(a)(3)(a)(iv). The Commissioner also concluded that ...

docket:	a0843-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-01
status:	published
citation:	421 N.J. Super. 362 23 A.3d 958
Document Size:	33892

2 In the Matter of Proposed Construction of Compressor Station \r\n -- rank: 963

... for a unanimous Court. In this appeal, the Court interprets N.J.S.A. 13:20-28(a)(11) (Exemption 11), a section of the Highlands Water ... and any permitting rules or regulations imposed by the DEP. N.J.S.A. 13:20-28; N.J.A.C. 7:38-2.3(a). At ... first statutory requirement for Exemption 11 is met here. See N.J.S.A. 13:20-28(a)(11). The second requirement -- that the action be performed ... the Highlands Act’s “goals and purposes,” see N.J.S.A. 13:20-28(a)(11), it will be necessary to consider the circumstances ... consistent with the goals and purposes of this act.” N.J.S.A. 13:20-28(a)(11). In this appeal, we address a question of ... the ground that Compressor Station 327 qualified for Exemption 11, N.J.S.A. 13:20-28(a)(11). Tennessee also submitted a copy of the ...

docket:	a_24_23
court:	supreme
decided:	2024-08-05
status:	Published
citation:
Document Size:	52715

3 IN THE MATTER OF PROPOSED CONSTRUCTION OF COMPRESSOR STATION -- rank: 889

... station in the Highlands Preservation Area from permitting review under N.J.S.A. 13:20-28(a)(11) (Exemption 11). Exemption 11 relieves a public utility ... is consistent with the goals and purposes of this act. [N.J.S.A. 13:20-28(a)(11).] Neither 'routine' nor 'upgrade' is defined in the ... that is 'maintenance and operations, rehabilitation, preservation, reconstruction, [and] repair.' N.J.S.A. 13:20-28(a)(11). Although we think appellants have the better grammatical ... or upgrade,' leaving 'upgrade' alone with no implied limiting principle. N.J.S.A. 13:20-28(a)(11). As in a verbal reasoning test that asks ... consonant with 'maintenance and operations, rehabilitation, preservation, reconstruction, [and] repair,' N.J.S.A. 13:20-28(a)(11), powerful evidence in our view of the Legislature ... consistent with the goals and purposes' of the Highlands Act, N.J.S.A. 13:20-28(a)(11), but that is the case regardless of ...

docket:	a3616-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Published
citation:
Document Size:	47716

4 N.J. HIGHLANDS COALITION v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 877

... obligation of the municipality in which the development is located. [ N.J.S.A. 13:20-28(a)(17) (emphasis added).] The exemption 'expire[s] if construction ... that the project was exempt from the Highlands Act under N.J.S.A. 13:20-28(a)(17). Pinnacle also sought a WQMP consistency 7 A ... determined that Bi-County was entitled to the exemption under N.J.S.A. 13:20-28(a)(17) based on the Mt. Laurel settlement and stipulation ... WQMP. DEP also determined that the Highlands Act exemption under N.J.S.A. 13:20-28(a)(17) had not expired because Bi-County had not ... Bi-County was entitled to the Highlands Act exemption under N.J.S.A. 13:20-28(a)(17) because the property was developed in accordance with ... not received 'all final approvals required pursuant to the [MLUL],' N.J.S.A. 13:20-28(a)(17), and final site plan approval for 204 ...

docket:	a3180-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:	456 N.J.Super. 590 196 A.3d 982
Document Size:	59698

5 HERITAGE AT INDEPENDENCE, LLC v. THE STATE OF NEW JERSEY -- rank: 840

... was exempt from the permitting requirements of the Highlands Act. N.J.S.A. 13:20-28 ; N.J.S.A. 58:11A-7.1 . The Highlands ... service to new developments in the Preservation Area unless exempt. N.J.S.A. 13:20-28, -32i; N.J.S.A. 58:12A-4.1. Because ... not exempt from the permitting requirements of the Highlands Act. N.J.S.A. 13:20-28. At the time of the litigation, Heritage had not applied ...

docket:	a4645-08
court:	superior court appellate division
decided:	2010-08-18
status:	unpublished
citation:
Document Size:	78560

6 OFP, L.L.C. v. STATE OF NEW JERSEY -- rank: 737

... Act was introduced in the Legislature on March 29, 2004. N.J.S.A. 13:20-28. Therefore, OFP's proposed subdivision is subject to the Highlands ...

docket:	A3190-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	published
citation:	395 N.J. Super. 571 930 A.2d 442
Document Size:	94252

7 N.J. Highlands Coalition v. New Jersey Department of Environmental Protection . -- rank: 737

... the Highlands Act for the construction of affordable housing projects, N.J.S.A. 13:20-28(a)(17) (Exemption 17). Exemption 17 states that a major ... of the municipality in which the development is located.” N.J.S.A. 13:20-28(a)(17). The statute provides that “[t]he exemption ... Bi-County was entitled to the Highlands Act exemption under N.J.S.A. 13:20-28(a)(17) because the property was developed in accordance with ... “that Bi-County was entitled to the exemption under N.J.S.A. 13:20-28(a)(17).” ___ N.J. Super. at ___ (slip op. at ... the Highlands Act for the construction of affordable housing projects, N.J.S.A. 13:20-28(a)(17) (Exemption 17). 234 N.J. 208 (2017). The ... L. 1975, c. 291 (C. 40:55D-1 et seq.). [N.J.S.A. 13:20-28(a)(17).] The property at issue here has an ...

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

8 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 715

... 4, that the substation was exempt from the Highlands Act. N.J.S.A. 13:20-28(a)(11) provides an exemption "from the provisions of this ... from the permitting requirements of the Highlands Act pursuant to N.J.S.A. 13:20-28(a)(11) and N.J.A.C. 7:38-2 ... is not merely a "routine upgrade" within the meaning of N.J.S.A. 13:20-28(a)(11) and that the project is not consistent with ... lines, rights of way, or systems, by a public utility[.]" N.J.S.A. 13:20-28(a)(11). Neither "routine" nor "upgrade" are defined in the ... Act." This conclusion is supported by the statutory language. Although N.J.S.A. 13:20-28(a)(11) requires the activity to be "consistent with the ...

docket:	a3236-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-13
status:	unpublished
citation:	433 N.J.Super. 223 78 A.3d 574
Document Size:	40414

9 COUNTY OF WARREN v. STATE OF NEW JERSEY -- rank: 639

... ultra vires (count one); (2) the statutory exemptions established by N.J.S.A. �13:20-28 improperly placed the entire burden of development restrictions upon owners ... forest products in accordance with an approved forest management plan. N.J.S.A. 13:20-28 have remained stable or increased. Plaintiffs essentially argue that because ...

docket:	a4591-07
court:	superior court appellate division
decided:	2009-09-04
status:	published
citation:	409 N.J. Super. 495 978 A.2d 312
Document Size:	80457

10 INTELLECT REAL ESTATE DEVELOPMENT v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF LAND USE REGULATION -- rank: 633

... supra , 395 N.J. Super. at 590-91, we said " N.J.S.A. 13:20-28[a](3) provides an exemption from the . . . Act for any ...

docket:	a5818-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	40129

11 ROBERT MOSS v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 599

... in accordance with N.J.S.A. 13:1L-31. N.J.S.A. 13:20- 28(a)(7). In 2015, the DEP prepared a draft of ... accordance with an approved forest stewardship plan, in violation of N.J.S.A. 13:20- 28(a)(7). Further, plaintiff demanded judgment against the DEP, seeking ... under color of the Plan are therefore in violation of N.J.S.A. 13:20-28(a)(7); c) Enjoining further such treatments in [the Sparta ...

docket:	a1607-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-02
status:	Unpublished
citation:
Document Size:	30781

12 WAYNE NAJDUCH v. TOWNSHIP OF INDEPENDENCE PLANNING BOARD -- rank: 541

... preliminary or final site plan approval before March 29, 2004, N.J.S.A. 13:20-28(a)(3)(a)(i). On March 16, 2006, the Independence ...

docket:	a2900-08
court:	superior court appellate division
decided:	2009-12-30
status:	Published
citation:	411 N.J. Super. 268 985 A.2d 663
Document Size:	41668

13 CASTLE ROCK ESTATES, LLC v. STATE OF NEW JERSEY, ET AL. -- rank: 492

... Act was introduced in the Legislature on March 29, 2004. N.J.S.A. 13:20-28. Therefore, Castle Rock's proposed subdivision is subject to the ...

docket:	a5389-05
court:	njappellate
decided:	2007-08-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38232

14 ABD INDEPENDENCE, INC v. TOWNSHIP OF INDEPENDENCE -- rank: 492

... shed, driveway, porch, deck, patio, swimming pool, or septic system; [ N.J.S.A. 13:20-28.] These enumerated exemptions are mirrored in N.J.A.C ...

docket:	a5264-06
court:	njappellate
decided:	2008-07-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31707

15 NORTH BYRAM CONCERNED CITIZENS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 464

... at issue here is a exempt from regulation pursuant to N.J. S.A . 13:20-28(a)(10). In its amended application, the DOT detailed the ...

docket:	A0517-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-06
status:	unpublished
citation:
Document Size:	28316