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31 Northgate Condominium Association, Inc. v. Borough of Hillsdale Planning Board -- rank: 692

... documents for which approval is sought are available pursuant to [ N.J.S.A. 40:55D-10]. [ Ibid. ] This appeal requires us to interpret the language in ...

docket:	A-5-11
court:	NJ Supreme Court
decided:	2013-05-13
status:
citation:	214 N.J. 120 68 A.3d 292
Document Size:	96278

32 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 692

... MLUL, which invites public participation at every material step, see N.J.S.A. 40:55D-10 (requiring hearing for applications for development and for adoption of ... under review, including minutes of all regular meetings and hearings, N.J.S.A. 40:55D-10.     Since the adoption of the MLUL, this Court has "increasingly ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

33 JO ANNE KROUSOS v. ZONING BOARD OF ADJUSTMENT OF BOROUGH OF PARAMUS -- rank: 692

... were granted, and that the applicant failed to comply with N.J.S.A. 40:55D-10(b) in that all maps and documents in support of ... at least ten days before the hearing, as required by N.J.S.A. 40:55D-10(b). Plaintiffs never raised such an objection at the time ... the application on those projections. There was no violation of N.J.S.A. 40:55D-10(b) or abuse of discretion by the board in proceeding ...

docket:	a6250-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-24
status:	Published
citation:
Document Size:	36136

34 THOMAS McFADDEN v. DELANCO TOWNSHIP JOINT LAND USE BOARD -- rank: 692

... time-of-application" approach for the "time-of-decision" rule, N.J.S.A. 40:55D-10.5, did not come into effect until May 5, 2011 ...

docket:	a5075-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-03
status:	unpublished
citation:
Document Size:	48495

35 PATRIOT HOMES, L.L.C., et al. v. FRANKLIN TOWNSHIP PLANNING BOARD, et al. -- rank: 684

... requests for automatic approval of their subdivision plans pursuant to N.J.S.A. 40:55D-10.4. We disagree and affirm substantially for the reasons expressed ... compelling them to meet arbitrary, ad hoc requirements. Citing to N.J.S.A. 40:55D-10.3, plaintiffs argue that their applications should have been deemed ... are entitled to automatic approval. These arguments are without merit. N.J.S.A. 40:55D-10.3 states: An application for development shall be complete for ... the Planning Board's checklist. Thus, they argue that under N.J.S.A. 40:55D-10.3, their application was unnecessarily delayed by these ad hoc ... court stated that [D]espite the seemingly mandatory language of N.J.S.A. 40:55D-10.3, there is ample precedent for a court to deny ... that intentionally and deliberately delayed Patriot's application and under N.J.S.A. 40:55D-10.3. We disagree. First, as defendants point out, the ...

docket:	A0700-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-19
status:	unpublished
citation:
Document Size:	59256

36 WIDGEON POINT PRESERVATION ASSOCIATION v. BROADMOOR PROPERTIES, INC., et al. -- rank: 684

... that one or more of the submission requirements be waived." N.J.S.A. 40:55D-10.3. The question here is whether an LOI is a ...

docket:	a4437-06
court:	njappellate
decided:	2008-04-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65865

37 PATRIOT HOMES, L.L.C. v. FRANKLIN TOWNSHIP PLANNING BOARD, et al. -- rank: 684

... requests for automatic approval of their subdivision plans pursuant to N.J.S.A. 40:55D-10.4. We disagree and affirm substantially for the reasons expressed ... compelling them to meet arbitrary, ad hoc requirements. Citing to N.J.S.A. 40:55D-10.3, plaintiffs argue that their applications should have been deemed ... are entitled to automatic approval. These arguments are without merit. N.J.S.A. 40:55D-10.3 states: An application for development shall be complete for ... the Planning Board's checklist. Thus, they argue that under N.J.S.A. 40:55D-10.3, their application was unnecessarily delayed by these ad hoc ... court stated that [D]espite the seemingly mandatory language of N.J.S.A. 40:55D-10.3, there is ample precedent for a court to deny ... that intentionally and deliberately delayed Patriot's application and under N.J.S.A. 40:55D-10.3. We disagree. First, as defendants point out, the ...

docket:	A0699-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-19
status:	unpublished
citation:
Document Size:	59251

38 JAMES L. LAMBERT v. BOROUGH OF BEACH HAVEN -- rank: 682

... DENIAL OF PRELIMINARY AND FINAL SITE PLAN APPROVAL, PURSUANT TO N.J.S.A. 40:55D-10(g). A. Reconsideration Was Not Warranted In The Absence of ... MUST BE AWARDED COUNSEL FEES IN THIS LITIGATION, PURSUANT TO N.J.S.A. 40:55D-10(g)(2), AS THE CATALYST FOR COMPELLING A JUDGMENT TO ... or she missed before they are eligible to vote. See N.J.S.A. 40:55D-10.2. The Schmidhausler court concluded: Rather than denying the application ... that they are entitled to attorney 's fees pursuant to N.J.S.A. 40:55D-10(g)(2). We, however, make the following brief remarks. Even ... plaintiffs' argument that they are entitled to attorney's fees, N.J.S.A. 40:55D-10(g)(2) states, in pertinent part: If the municipal agency ... did not 'fail[] to adopt a resolution' in violation of N.J.S.A. 40:55D- 10(g)(2) and plaintiffs are not entitled to attorney' ...

docket:	a0555-19
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	44048

39 JANEK PATEL v. CITY OF SOUTH AMBOY PLANNING BOARD -- rank: 682

... reasonable time limitations in this case that spanned several hearings. N.J.S.A. 40:55D-10(d); See also Sea Girt, 45 N.J. 284–85 ... based thereon in each decision on any application for development.' N.J.S.A. 40:55D-10(g). '[T]he resolution must contain sufficient findings, based on ...

docket:	a3744-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	60890

40 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 679

... Glynn's application was legally ineligible to vote, pursuant to N.J.S.A. 40:55D-10.2, because he had missed the December 13, 2004, meeting ... the transcript nor listened to the tape of the meeting. N.J.S.A. 40:55D-10.2, provides that: [a] member of a municipal agency who ... not retroactively cause the application to be incomplete. We note N.J.S.A. 40:55D-10.3 states in pertinent part: [t]he municipal agency may ... vote because of his or her failure to comply with N.J.S.A. 40:55D-10.2, is the striking of his vote, which in this ... argue, an automatic denial of the application. The eligibility statute, N.J.S.A. 40:55D-10.2, does not set forth either a specific remedy or ...

docket:	a5932-07
court:
decided:	2009-05-29
status:	Published
citation:	408 N.J. Super. 1 972 A.2d 1155
Document Size:	53112

41 /usr/local/share/www/libweb/collections/courts/appellate/a3164-19.opn.html -- rank: 679

... In fact, the superintendent was not placed under oath. See N.J.S.A. 40:55D-10(d) (requiring that 'testimony of all witnesses relating to an ... 25, 2019, over a month after the deadline imposed in N.J.S.A. 40:55D- 10(g). In its resolution, the Board stated that it had ... to tell the truth under the penalty provided by law'); N.J.S.A. 40:55D-10(d) (requiring that 'testimony of all witnesses relating to an ...

docket:
court:
decided:
status:
citation:
Document Size:	45160

42 State v. Shawn Bernard Mahone -- rank: 676

... of its position that only the original five may vote.      N.J.S.A. 40:55D-10.2 allows members absent from a hearing to vote on ... read the transcript of the hearing. Patel held that under N.J.S.A. 40:55D-10.2 would allow its absent-member exception to overcome the ...

docket:	a-57-97
court:	njsupreme
decided:	1997-12-03
status:
citation:	137 N.J. 216
Document Size:	55149

43 JOSEPH F. DEEGAN, JR., et al. v. PERTH AMBOY REDEVELOPMENT AGENCY, et al. -- rank: 668

... he has read such transcript or listened to such recording. [ N.J.S.A. 40:55D-10.2.] However, the MLUL defines "municipal agency" to mean "a ... 149 , 165 (App. Div. 2001). Therefore, the procedural requirements of N.J.S.A. 40:55D-10.2 do not apply to a redevelopment agency.     The Local ... and Housing Law does not contain a provision comparable to N.J.S.A. 40:55D-10.2 that requires a member of a redevelopment agency who ... subject to all the procedural requirements of the MLUL, including N.J.S.A. 40:55D-10.2, but the redevelopment agency's decision to enter into ... Super. 45 , 49 (App. Div. 1991). Thus, the requirement of N.J.S.A. 40:55D-10.2 that a board member who is absent from part ... with the work . . . . Consequently, even if a requirement comparable to N.J.S.A. 40:55D-10.2 applied to a vote by a redevelopment agency ...

docket:	A3963-03
court:	NJ Superior Court Appellate Division
decided:	2005-01-06
status:	published
citation:	374 N.J. Super. 80 863 A.2d 416
Document Size:	21050

44 T-MOBILE NORTHEAST LLC v. BOROUGH OF MENDHAM ZONING BOARD OF ADJUSTMENT -- rank: 665

... 47 U.S.C.A. § 332(c)(7)(B); N.J.S.A. 40:55D-10(g). Plaintiffs are licensed by the Federal Communications Commission (FCC ... and accord deference to its interpretation." Ibid. Like the TCA, N.J.S.A. 40:55D-10(g) requires a municipal agency to memorialize its decision on ... in response to a question and that presented by Lupo. N.J.S.A. 40:55D-10(g) requires a municipal agency to memorialize its findings of ...

docket:	a1357-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-16
status:	unpublished
citation:
Document Size:	59499

45 ULTIMATE FORCE, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCHELLE PARK -- rank: 665

... verified complaint and order to show cause seeking enforcement of N.J.S.A. 40:55D-10(g)(2), compelling the Board to prepare a written resolution ... suit and attorney's fees against [the Board], pursuant to N.J.S.A. 40:55D-10(g)(2). [Ultimate] and [the] Board shall confer and attempt ... which attorney's fees, shall be assessed against the municipality. [N.J.S.A. 40:55D-10(g)(2).] A-0563-21 3 was denied by the ... Rule. 4:42-8(a) does not. The language of N.J.S.A. 40:55D-10(g)(2) is mandatory as to attorneys' fees. The statute ... at which the [Board] voted to grant or deny approval.' N.J.S.A. 40:55D-10(g)(2). It authorizes 'any interested party' to file a ... including attorney's fees, shall be assessed against the municipality.' N.J.S.A. 40:55D-10(g)(2) (emphasis added). A-0563-21 6 It ...

docket:	a0563-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	15316