Search Rutgers Law Library N.J. Court Opinions

196 Thomas Griepenburg v. Township of Ocean -- rank: 539

... a variance would amount to illegal zoning by variance under N.J.S.A. 40:55D-70. Hence plaintiffs claim exemption from any duty to exhaust administrative ...

docket:	A-55-13
court:	NJ Supreme Court
decided:	2015-01-22
status:
citation:	220 N.J. 239 105 A.3d 1082
Document Size:	101570

197 NEW YORK SMSA LIMITED PARTNERSHIP v. BOARD OF ADJUSTMENT OF THE BOROUGH OF BERNARDSVILLE -- rank: 536

... the maximum allowed building height was 35 feet. 1 See N.J.S.A. 40:55D-70(d). The Board found that the proposed construction would be ... App. Div. 1994). An applicant seeking a use variance under N.J.S.A. 40:55D-70(d) must satisfy the positive and negative criteria set forth ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d) (emphasis added).] While the Court has not recognized cell ... in coverage in order to satisfy the positive criteria of N.J.S.A. 40:55D-70(d). Although the existence of a coverage gap, i.e ...

docket:	a4174-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-08
status:	unpublished
citation:
Document Size:	36951

198 IRON MOUNTAIN PROPERTIES, LLC v. TOWNSHIP OF FREEHOLD ZONING BOARD OF ADJUSTMENT -- rank: 536

... failed to satisfy the affirmative and negative criteria embodied in N.J.S.A. 40:55D-70(d). In particular, the Board concluded that "the property is ... an applicant must show special reasons meriting a use variance. N.J.S.A. 40:55D-70(d)(1). As the New Jersey Supreme Court has stated ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). A proponent of a non-inherently beneficial commercial use ... to establish the affirmative criteria that special reasons existed under N.J.S.A. 40:55D-70(d)(1) and thus it did not sustain the requisite ...

docket:	a5744-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	19658

199 THE MEDICAL CENTER AT PRINCETON et al. v. THE TOWNSHIP OF PRINCETON ZONING BOARD OF ADJUSTMENT -- rank: 536

... set forth the statutory scheme relating to inherently beneficial uses.      N.J.S.A. 40:55D-70 governs applications for "use" or "section d" variances. In its ...

docket:	a6931-98
court:	njappellate
decided:	2001-06-28
status:	published
citation:	*CITE_PENDING*
Document Size:	101629

200 THE MEDICAL CENTER AT PRINCETON et al. v. THE TOWNSHIP OF PRINCETON ZONING BOARD OF ADJUSTMENT -- rank: 536

... set forth the statutory scheme relating to inherently beneficial uses.      N.J.S.A. 40:55D-70 governs applications for "use" or "section d" variances. In its ...

docket:	a6885-98
court:	njappellate
decided:	2001-06-28
status:	published
citation:	343 N.J. Super. 177
Document Size:	101639

201 AVALON BAY COMMUNITIES, INC v. TOWNSHIP OF SOUTH BRUNSWICK ZONING BOARD OF ADJUSTMENT -- rank: 536

... individuals. Plaintiff submitted an application to the Board pursuant to N.J.S.A. 40:55D-70(d)(1) seeking a variance from the requirement 2 A ... the positive and negative criteria for a use variance, see N.J.S.A. 40:55D-70(d)(1). As for the positive criteria, Lange opined the ... the positive criteria why the variance sought should be granted. N.J.S.A. 40:55D- 70(d)(1). 'Special reasons' are those that promote the general ... and zoning ordinance.' Price, 214 N.J. at 286 (quoting N.J.S.A. 40:55D-70). As explained by the Court in Price: The showing required ...

docket:	a2655-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-02
status:
citation:
Document Size:	31155

202 MONICA MALONE v. CITY OF BRIGANTINE -- rank: 536

... for an interpretation of the City's zoning regulations. See N.J.S.A. 40:55D-70(b) (giving municipal boards of adjustment the right to hear ... then filed an application for a use variance pursuant to N.J.S.A. 40:55D-70(d) and site plan approval. Plaintiff proposed storing her boat ... of A-0365-19 19 her sailboat, justified relief under N.J.S.A. 40:55D-70(d). See Price, 214 N.J. at 285–86 (explaining ...

docket:	a0365-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-16
status:	Unpublished
citation:
Document Size:	42175

203 Lang v. Zoning Board of Adjustment of Borough of North Caldwell -- rank: 534

... variance under both subsections (c) (1) and (c) (2) of N.J.S.A. 40: 55D-70. The Board found that the need for the variance was ... variance under both subsections (c)(1) and (c)(2) of N.J.S.A. 40:55D-70. The Board determined that the applicant's need for the ... variances could be sustained pursuant to subsection (c)(2) of N.J.S.A. 40:55D-70 on the basis that the removal of the existing above ...

docket:	a-20-98
court:	njsupreme
decided:	1999-07-19
status:
citation:	160 N.J. 41
Document Size:	53014

204 DONALD FEWER v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF COLTS NECK -- rank: 534

... Adjustment to deny the requested variances was arbitrary and capricious. N.J.S.A. 40:55D-70 confers upon zoning boards of adjustment the power to grant ...

docket:	a3056-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-06
status:	unpublished
citation:
Document Size:	62194

205 H.A. STEEN INDUSTRIES, INC v. BOROUGH OF LAWNSIDE ZONING BOARD OF ADJUSTMENT -- rank: 534

... Zoning Board of Adjustment (Board) for a use variance under N.J.S.A. 40:55D-70. Steven Gorlechen, the executive vice-president of Steen, testified that ... because it satisfied the requisite positive and negative criteria of N.J.S.A. 40:55D-70. In denying the variance request, the Board focused on the ... bulk and use variances if the required criteria are met. N.J.S.A. 40:55D-70, it must find, "based on competent proofs, that the appropriate ... that Steen had failed to satisfy the negative criteria of N.J.S.A. 40:55D-70 was a sufficient basis for the Board to deny all ...

docket:	a3132-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-12
status:	unpublished
citation:
Document Size:	63042

206 AARON STEFANSKY v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF LAKEWOOD -- rank: 531

... satisfy the statutory criteria for a use variance pursuant to N.J.S.A. 40:55D-70[d](1)." We disagree. It is well-settled that, in ...

docket:	a5180-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-23
status:	unpublished
citation:
Document Size:	51455

207 TRICARE TREATMENT SERVICES L.L.C. v. CHATHAM BOROUGH PLANNING BOARD -- rank: 531

... zoning laws because it has no statutory authority, pursuant to N.J.S.A. 40:55D-70, to reverse the planning board. However, the Zoning Board in ... its voice-vote waiver, determining that it had lacked jurisdiction. N.J.S.A. 40:55D-70 enumerates the statutory powers given to a municipal zoning board ... on or made in the enforcement of the zoning ordinance[.]" N.J.S.A. 40:55D-70(a). Thus, Tricare's claim that the Zoning Board was ...

docket:	a5371-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-25
status:	unpublished
citation:
Document Size:	32664

208 /usr/local/share/www/libweb/collections/courts/appellate/a0864-13xx.opn.html -- rank: 531

... zoning laws because it has no statutory authority, pursuant to N.J.S.A. 40:55D-70, to reverse the planning board. However, the Zoning Board in ... its voice-vote waiver, determining that it had lacked jurisdiction. N.J.S.A. 40:55D-70 enumerates the statutory powers given to a municipal zoning board ... on or made in the enforcement of the zoning ordinance[.]" N.J.S.A. 40:55D-70(a). Thus, Tricare's claim that the Zoning Board was ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	31917

209 RED OAKS HOMEOWNERS\u0027 ASSOCIATION, LLC VS. PLANNING BOARD OF THE TOWNSHIP OF LAKEWOOD, ET AL. -- rank: 531

... 2021 Application because the Yeshiva required a use variance under N.J.S.A. 40:55D-70 and only the Township's A-2146-22 5 Board ... adjustment has statutory authority to hear a variance application under N.J.S.A. 40:55D-70(d) (colloquially known as a use variance or (d) variance ... principal structure, [and] an expansion of a non-conforming use.' N.J.S.A. 40:55D-70(d); see also Najduch A-2146-22 12 v. Twp ...

docket:	a2146-22
court:	appellate
decided:	2024-05-02
status:	Unpublished
citation:
Document Size:	31870

210 JENNIFER VAN SCHOICK v. JACKSON TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 528

... zone. Defendant then applied for a use variance pursuant to N.J.S.A. 40:55D-70(d) to continue with its construction plans. Following a public ... satisfy both the so-called positive and negative criteria of N.J.S.A. 40:55D-70(d). See New Brunswick Cellular Tel. Co. v. Borough of ... an applicant must show special reasons meriting a use variance. N.J.S.A. 40:55D-70(d)(1). As the New Jersey Supreme Court has stated ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D- 70(d). A proponent of a non-inherently beneficial commercial use ...

docket:	a1119-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-16
status:	unpublished
citation:
Document Size:	35201