Search Rutgers Law Library N.J. Court Opinions

256 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:	a6982-03
court:	njappellate
decided:	2006-05-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72272

257 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:	a6860-03
court:	njappellate
decided:	2006-05-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72272

258 /usr/local/share/www/libweb/collections/courts/appellate/a1175-19.opn.html -- rank: 479

... power to create an easement or title to the property, [ N.J.S.A.] 40:55D-70. Thus there is no, quote, 'colorable claim of title or ... of the power of the City's Board of Adjustment. N.J.S.A. 40:55D-70 outlines the powers available to a municipal board of adjustment ... was no designation it belongs to plaintiff. Similarly, pursuant to N.J.S.A. 40:55D-70, the Board of Adjustment does not possess the power to ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	39069

259 BELL ATLANTIC-NEW JERSEY, INC. v. RIVERDALE ZONING BOARD OF ADJUSTMENT -- rank: 479

... such use . . . [or] (2) an expansion of a nonconforming use . . . .     [ N.J.S.A. 40:55D-70.] However,         No variance or other relief may be granted under ... summed, these enumerated considerations clearly meet the positive criteria of N.J.S.A. 40:55D-70.     We find that the negative criteria have been met as ... not appear to have been affected by recent amendments to N.J.S.A. 40:55D-70. See L. 1997, c. 145, amending 343 N.J. Super ...

docket:	a6636-00
court:	njappellate
decided:	2002-06-27
status:	published
citation:	352 N.J. Super. 407
Document Size:	15583

260 /usr/local/share/www/libweb/collections/courts/appellate/a1075-18.opn.html -- rank: 476

... also addressed plaintiff's request for a use variance under N.J.S.A. 40:55D-70(d)(1) and explained the Board's conclusion that plaintiff ... the Board for 'reconsideration of a d(2) variance.' See N.J.S.A. 40:55D-70(d)(2). The statute permits the grant of a variance ...

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261 /usr/local/share/www/libweb/collections/courts/appellate/a1376-20.opn.html -- rank: 476

... as to permit the storage of additional 1 Pursuant to N.J.S.A. 40:55D-70(c), a 'C' variance 'is available from any regulation, other ... be 'incidental to the principal use as is envisioned under N.J.S.A. 40:55D-70(c) and case law.' The Board added: Having reached this ... Board's denial of WPF's expansion application pursuant to N.J.S.A. 40:55D-70(c). WPF contended in its two-count complaint that the ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
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Document Size:	34469

262 KANE PROPERTIES, LLC. v. CITY OF HOBOKEN -- rank: 476

... maximum height permitted in the district for a principal structure. [ N.J.S.A. 40:55D-70(d).] Such a variance may be granted, upon finding that ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d); Burbridge v. Mine Hill Twp ., 117 N.J. 376 ...

docket:	a3903-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-16
status:	published
citation:	423 N.J. Super. 49 30 A.3d 348
Document Size:	51887

263 HOWARD PAYNE v. PLANNING BOARD OF THE TOWNSHIP OF LAKEWOOD -- rank: 474

... that the buffer requirement was a zoning standard governed by N.J.S.A. 40:55D-70. Id. at 354. Here, the Township adopted a land use ...

docket:	a4983-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	32335

264 LARRY PRICE v. MARTIN T. MARTINETTI -- rank: 474

... also contains detailed provisions dealing with the granting of variances. N.J.S.A. 40:55D-70. There is nothing in those provisions indicating that a property ...

docket:	a1834-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-25
status:	published
citation:	421 N.J. Super. 290 23 A.3d 483
Document Size:	31294

265 MARC SHAMS v. PLANNING BOARD OF THE VILLAGE OF LOCH ARBOUR -- rank: 474

... COA], [a]pplicant also seeks bulk variance relief pursuant to [ N.J.S.A.] 40:55D- 70[(c)] as follows: building height of 38.75 feet, whereas ...

docket:	a3485-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-28
status:	Unpublished
citation:
Document Size:	33250

266 Pella LLC v City of Cape May\t -- rank: 471

... the purpose of the zone plan and zoning ordinance.” N.J.S.A. 40:55D-70. This stringent standard reflects “the Legislature’s apparent objective ...

docket:	013605-20
court:	tax
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	31402

267 JOSEPH SIMONE v. THE TOWNSHIP OF WAYNE -- rank: 471

... Board). Plaintiff's application also sought various bulk variances, see N.J.S.A. 40:55D-70(c), including relief from the minimum lot size requirements, and ... jurisdiction over requests for so-called bulk variances pursuant to N.J.S.A. 40:55D-70(c). "Our standard of review for the grant or denial ... 476 , 494 (App. Div. 2000)). As the Court has explained, N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, if ...

docket:	a1299-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-18
status:	unpublished
citation:
Document Size:	19445

268 SAIMA ARSALAN v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 468

... analysis of the positive and negative criteria, as required by N.J.S.A. 40:55D-70(c)(2). 1 Judge Grasso found the Board's decision ... 1996) (noting "a variance cannot be considered in isolation," and N.J.S.A. 40:55D-70(c)(2) does not "restrict the benefits [considered] only to ... despite a conforming structure could be built). Affirmed. 1 Under N.J.S.A. 40:55D-70(c)(2), a board may grant a variance from a ...

docket:	a2445-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-19
status:	unpublished
citation:
Document Size:	22667

269 T-MOBILE NORTHEAST LLC, v. TOWNSHIP OF FREEHOLD ZONING BOARD OF ADJUSTMENT -- rank: 468

... logic and is a waste of judicial resources.' Relying on N.J.S.A. 40:55D-70(a), the judge held the statute 'gives the [Board] the ... order is not an error intended to be covered by [] N.J.S.A. 40:55D-70(a).' The judge concluded the zoning official's denial of ... wholly new complaint to enforce the January 3, 2011 order. N.J.S.A. 40:55D-70(a) empowered the Board to correct the zoning official's ...

docket:	a2235-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-15
status:	Unpublished
citation:
Document Size:	11513

270 FUNERAL HOME MANAGEMENT, INC., ET AL V. WILLIAM BASRALIAN, ET AL -- rank: 465

... abrogated by the Legislature. See L. 1997, c. 145, amending N.J.S.A. 40:55D-70(c) and (d). - - This archive is a service of Rutgers ...

docket:	a1926-97
court:	njappellate
decided:	1999-03-10
status:	published
citation:	319 N.J.Super. 200
Document Size:	43212