Search Rutgers Law Library N.J. Court Opinions

241 BRUCE A. PATERSON v. THE COMBINED PLANNING BOARD ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF GARWOOD -- rank: 490

... In this matter, the Villarauts sought variance relief pursuant to N.J.S.A. 40:55D-70(d), which provides that a board of adjustment has the ...

docket:	a2328-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	38595

242 SHARBELL BUILDING COMPANY LLC v. PLANNING BOARD OF THE TOWNSHIP OF ROBBINSVILLE -- rank: 490

... converted development without the need to seek relief pursuant to [ N.J.S.A. 40:55D-70(d)]. [ N.J.S.A. 45:22A-46.6(a ... land use jurisprudence, as they track the negative criteria of N.J.S.A. 40:55D-70. Public good in this context is a "focus . . . on the ...

docket:	a3181-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-13
status:	Published
citation:
Document Size:	46631

243 JANICE HARPER-YOUNG v. LAND USE BOARD, BOROUGH OF BUTLER -- rank: 490

... for the grant of a conditional-use variance, pursuant to N.J.S.A. 40:55D-70(d)(3). Use variances require proof of both positive and ... the grant of a bulk variance were met. Pursuant to N.J.S.A. 40:55D-70(c)(2), a variance for a specific property is allowed ...

docket:	a3121-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-04
status:	unpublished
citation:
Document Size:	22062

244 T-MOBILE NORTHEAST LLC v. TOWNSHIP OF SCOTCH PLAINS ZONING BOARD OF ADJUSTMENT -- rank: 490

... and Hearings Applicants filed an application for "d" variances under N.J.S.A. 40:55D-70(d) and site plan approval with the Board. Hearings were ... is compelling. In order to obtain a variance pursuant to N.J.S.A. 40:55D-70(d), an applicant must demonstrate both the positive and negative ... in coverage in order to satisfy the positive criteria of N.J.S.A. 40:55D-70(d)." Weehawken , supra , 370 N.J. Super. at 336. Viewing ...

docket:	a2706-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-11
status:
citation:
Document Size:	36725

245 LARRY PRICE v. LIBERTY PARK AT UNION CITY, LLC -- rank: 490

... approval and, in particular, a conditional use variance pursuant to N.J.S.A. 40:55D-70(d). As part of this application, Liberty Park also sought variances for the parking lot, pursuant to N.J.S.A. 40:55D-70(c)(2), as well as certain waivers. The site is ...

docket:	a0032-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	13815

246 RICKY PULEIO v. NORTH BRUNSWICK TOWNSHIP BOARD OF ADJUSTMENT -- rank: 487

... which has the enhanced requirement of five affirmative votes under N.J.S.A. 40:55D-70(d)?     The North Brunswick Township Zoning Board of Adjustment (Board ...

docket:	a6279-03
court:	njappellate
decided:	2005-03-11
status:	published
citation:	375 N.J. Super. 613
Document Size:	21865

247 LAKEWOOD REALTY ASSOCIATES v. LAKEWOOD TOWNSHIP PLANNING BOARD -- rank: 487

... the C1 standard for granting a variance, undue hardship, see N.J.S.A. 40:55D-70(c)(1), did not apply, neither did the C2 standard, which balances the benefits and burdens of variance relief, N.J.S.A. 40:55D-70(c)(2); Gemma posited there were no real benefits to ...

docket:	a3750-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	36965

248 LARRY PRICE v. K&J UNION CITY LLC -- rank: 487

... the Board seeking variances required for the project pursuant to N.J.S.A. 40:55D-70, specifically a (d)(1) use variance, a (d)(5) density ... not justify the issuance of a use variance pursuant to N.J.S.A. 40:55D-70(d)(1) and the trial judge erred by concluding otherwise ... show "special reasons" to justify the issuance of the variance. N.J.S.A. 40:55D-70(d)(1). The applicant also must satisfy the negative criteria ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). To satisfy the positive criteria, the applicant must show ...

docket:	a1256-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	17775

249 LARRY HOLLOWAY v. TOWNSHIP OF JACKSON -- rank: 487

... N.J. at 296). Here, plaintiff sought a variance under N.J.S.A. 40:55D- 70(d)(5), which authorizes a zoning board '[i]n particular ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70. The party seeking the variance must 'demonstrate that the increase ...

docket:	a2963-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-16
status:
citation:
Document Size:	24017

250 SOCIETY OF THE HOLY CHILD JESUS d/b/a OAK KNOLL SCHOOL VS CITY OF SUMMIT -- rank: 484

... of the need to seek a conditional use variance. See N.J.S.A. 40:55D-70(d)(3). On October 25, in a letter to the ...

docket:	a1126-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:	418 N.J. Super. 365 13 A.3d 886
Document Size:	70474

251 COVENTRY SQUARE, INC. V. WESTWOOD ZONING BOARD OF ADJUSTMENT -- rank: 484

... can be granted "without substantial detriment to the public good," N.J.S.A. 40:55D-70, the focus is on the effect on surrounding properties of ...

docket:	a-26-94
court:	njsupreme
decided:	1994-12-15
status:
citation:	138 N.J. 285
Document Size:	37478

252 FH LINE ROAD, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ABERDEEN -- rank: 484

... of a "nonconforming use," thus necessitating a "d" variance under N.J.S.A. 40:55D-70(d)(2). At the conclusion of the hearings, four Board ... parking spaces would be permitted by the "d" variance. Under N.J.S.A. 40:55D-70(d)(2), a zoning board of adjustment has the power ...

docket:	a5230-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-23
status:	unpublished
citation:
Document Size:	28866

253 METROPOLITAN PLANT EXCHANGE INC. v. R & R TREES L.L.C. -- rank: 484

... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. The grant of a use variance under N.J.S.A. 40:55D-70(d) "requires proof of both positive and negative criteria." Sica ... all applicants as this is not a requirement of either N.J.S.A. 40:55D-70(d) or of the controlling law. See Smart SMR of ...

docket:	a1630-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	20147

254 /usr/local/share/www/libweb/collections/courts/appellate/a5133-13.opn.html -- rank: 479

... board in turn is empowered to rule on the appeal . N.J.S.A. 40:55D-70(a) ("The board . . . shall have the power to . . . [h]ear ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46071

255 ST. JOSEPH'S KOREAN CATHOLIC CHURCH v. THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ROCKLEIGH, et al. -- rank: 479

... beneficial is not solely dispositive of the determination required by N.J.S.A. 40:55D-70(d). See Smart SMR , supra , 152 N.J. at 323 ... time the balancing test was established, the Court recognized that N.J.S.A. 40:55D-70(d) did not explicitly require the board to weigh the ... omitted).] This test has essentially been codified by amendment to N.J.S.A. 40:55D-70, to which the Legislature added language emphasizing that even if ...

docket:	a6980-03
court:	njappellate
decided:	2006-05-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72272