Search Rutgers Law Library N.J. Court Opinions

361 501 WASHINGTON BLVD LLC v. SEA GIRT BOROUGH PLANNING BOARD -- rank: 378

... the positive and negative criteria for a use variance under N.J.S.A. 40:55D-70(d)(1). The Board also found that the applicant's ... failed to support its request for a density variance under N.J.S.A. 40:55D-70(d)(5). However, the building coverage limitation drew the most ...

docket:	a2993-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-03
status:	unpublished
citation:
Document Size:	25652

362 MANILA AVENUE, LLC v. JERSEY CITY ZONING BOARD OF ADJUSTMENT -- rank: 378

... 13, 2006, plaintiffs appealed to the Zoning Board, pursuant to N.J.S.A. 40:55D-70(a) and -72(a), and requested that their appeals be ...

docket:	a6226-08
court:	superior court appellate division
decided:	2010-10-22
status:	unpublished
citation:
Document Size:	31516

363 HIDDEN OAK WOODS, LLC v. PF GIANCOLA, d/b/a GIANCOLA WRECKING AND AUTO SALES and DEBRA RAINWATER, PP, AICP in her capacity as Zoning Officer of the Township of East Brunswick and THE TOWNSHIP OF EAST BRUNSWICK -- rank: 378

... defendant that it followed this procedure. We also note that N.J.S.A. 40:55D-70 gives a board of adjustment authority to grant a variance ...

docket:	a2604-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-26
status:	Unpublished
citation:
Document Size:	36420

364 ANTHONY VENTRE v. BOROUGH OF RIDGEFIELD PLANNING BOARD -- rank: 378

... That The Ridgefield Planning Board['s] Grant of Variances Under [ N.J.S.A. ] 40:55D-70[(c)](2) was Improper We address Ventre's points in ...

docket:	a4396-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-03
status:	unpublished
citation:
Document Size:	29018

365 KEVIN CHAMBERS v. ROBERT NEIFFER -- rank: 376

... the zone, in keeping with the goals of the MLUL. N.J.S.A. 40:55D-70 must also be met. That is, the variance can be ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. In applying the principles from 392 N.J. Super. 403 ...

docket:	a3692-07
court:	njappellate
decided:	2009-02-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37771

366 LARRY PRICE v. MARIA HERNANDEZ -- rank: 376

... Hernandez filed an application on July 27, 2010, pursuant to N.J.S.A. 40:55D-70(d) of the Municipal Land Use Law (MLUL), seeking variances ... applicant had satisfied the criteria for issuance of variances under N.J.S.A. 40:55D-70(d). The record supports the Board's finding that the ...

docket:	a3531-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-07
status:	unpublished
citation:
Document Size:	20433

367 K. HOVNANIAN SHORE ACQUISITIONS, LLC v. MARLBORO TOWNSHIP PLANNING BOARD -- rank: 376

... 46.6(c). This language tracks the negative criteria of N.J.S.A. 40:55D-70. "[T]he statutory focus is on the variance's effect ...

docket:	a1074-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31702

368 GUISEPPE MORDINI v. HAWORTH ZONING BOARD OF ADJUSTMENT -- rank: 376

... Adjustment (the Board) seeking an interpretation of the ordinance. See N.J.S.A. 40:55D-70(b). Alternatively, plaintiff sought a variance pursuant to N.J.S.A. 40:55D-70(c)(1) (permitting variance relief under some circumstances when strict ...

docket:	a2321-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	14048

369 TIMOTHY SOHN v. LOPATCONG TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 373

... the Board finds that the statutory criteria referred to [in N.J.S.A. 40:55D-70(c)(1)] in sub paragraphs A, B, and C each ...

docket:	a3361-07
court:	njappellate
decided:	2009-03-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59026

370 VILLAGE SUPERMARKETS, INC v. PLANNING BOARD OF THE TOWNSHIP OF UNION -- rank: 373

... at issue are so-called "c(2) variances" governed by N.J.S.A. 40:55D-70(c)(2), which provides, in pertinent part: [W]here in ...

docket:	a6340-08
court:	superior court appellate division
decided:	2010-08-06
status:	Unpublished
citation:
Document Size:	30805

371 CRAIG TAYLOR CONSTRUCTION CO., LLC v. THE TOWNSHIP OF PITTSGROVE -- rank: 370

... of undue hardship, it failed to meet the "negative criteria," N.J.S.A. 40:55D-70. Specifically, the Board found that there was a "somewhat larger ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d).] It is a firmly established principle 'that the negative ...

docket:	A3164-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-05
status:	unpublished
citation:
Document Size:	35224

372 PMG NEW JERSEY II, LLC v. 82 ISELIN, LLC and ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WOODBRIDGE -- rank: 370

... support the Board's approval of the 'D' variances, see N.J.S.A. 40:55D-70(d), and some of the setback 'C' variances, see N.J.S.A. 40:55D-70(c), and that the Board's approval of the application ...

docket:	a4555-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	12948

373 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 OLD BRIDGE TOWNSHIP RACEWAY -- rank: 370

... State Law. Plaintiff challenges the [z]oning [bodies'] decision under N.J.S.A. 40:55D-70(c) and N.J.S.A. 40:55[D]-70 ...

docket:	a3376-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-06
status:	unpublished
citation:
Document Size:	38964

374 JOSEPH W. LUDDY v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF HAWTHORNE -- rank: 370

... must satisfy "negative criteria" along with the aforementioned "positive criteria." N.J.S.A. 40:55D-70. This requires a "showing that such variance or other relief ...

docket:	a0951-09
court:	superior court appellate division
decided:	2010-06-17
status:	unpublished
citation:
Document Size:	49479

375 DEPETRIS FAMILY, LLC v. MEDFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 370

... in a district restricted against such use or principal structure[.]' N.J.S.A. 40:55D-70(d). 'No variance or other relief may be granted . . . without ...

docket:	a6009-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	23586