Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF ANTHONY TAVALARIO -- rank: 1000

... A. 4:1C-3a, and the Act's preemption provision, N.J.S.A. 4:1C-9, which enumerates the permitted activities of qualified commercial farm owners ... property taxation pursuant to the "Farmland Assessment Act of 1964." N.J.S.A. 4:1C-9, as amended in 1998 (L. 1998, c. 48, § 2 ... App. Div. 2001), aff'd , 172 N.J. 147 (2002); N.J.S.A. 4:1C-9, found that he failed to qualify because his operation did ... invoke the Right to Farm Act's protections enumerated in N.J.S.A. 4:1C-9, that provision required that an owner or operator of a ... 23.1 to -23.24. That requirement was eliminated from N.J.S.A. 4:1C-9 by the amendments, but it was added to the definition ...

docket:	A1710-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-27
status:	published
citation:
Document Size:	68025

2 BOROUGH OF CLOSTER v. ABRAM DEMAREE HOMESTEAD, INC. -- rank: 854

... may be considered annoying or a nuisance by other citizens. N.J.S.A. 4:1C-9. The Farm Act creates an "irrebuttable presumption" See footnote 1 ... municipal or county ordinance, resolution, or regulation to the contrary," N.J.S.A. 4:1C-9, and in Twp. of Franklin v. Hollander , 172 N.J ... conformity with the pertinent regulations. When the CAB determines, under N.J.S.A. 4:1C-9, 10, whether a particular operation or practice is agriculturally generally ... and soil conservation and surface water control in wetland areas." N.J.S.A. 4:1C-9. Considering these statutorily permitted activities, we cannot conclude definitively that ... agricultural management practices or constitute generally accepted operations or practices. N.J.S.A. 4:1C-9. Defendant's actions might qualify as "agricultural management practices" under ...

docket:	a6191-01
court:	njappellate
decided:	2004-01-14
status:	published
citation:	365 N.J.Super. 338 365 N.J. Super. 338
Document Size:	37433

3 TOWNSHIP OF FRANKLIN v. DAVID DEN HOLLANDER, GARDEN STATE GROWERS, et al. -- rank: 822

... L. 1968, c. 410 (C.52:14B-1 et seq.).          [ N.J.S.A. 4:1C-9.]     The revised Act further provides that         [i]n all relevant ... of various commercial agricultural activities which meet certain eligibility criteria. N.J.S.A. 4:1C-9 (amended 1998) (emphasis added), the amended Act sets forth specific ... define accepted agricultural management practices through a formal rulemaking process. N.J.S.A. 4:1C-9. Where no rules exist, site-specific practices can be approved ... pose a direct threat to public health and safety may:     [ N.J.S.A. 4:1C-9 (1983).] This archive is a service of Rutgers School of ...

docket:	A0876-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-28
status:	published
citation:	338 N.J. Super. 373
Document Size:	55155

4 IN RE AGRICULTURAL, AQUACULTURAL and HORTICULTURAL WATER USAGE CERTIFICATION RULES, N.J.A.C 7:20A-1.1 ET SEQ -- rank: 811

... preempting municipal and county land use authority over commercial farms, N.J.S.A. 4:1C-9, and by shielding them from nuisance suits brought by neighbors ... climate and the preservation of agricultural land in the county," N.J.S.A. 4:1C-9 and 4:1C-26(a). The Water Act itself evidences ... ARDA contain general language about easing regulatory burdens on farming. N.J.S.A. 4:1C-9 (land use); 4:1C-10 (nuisance suits). See also N ...

docket:	a3283-06
court:	superior court appellate division
decided:	2009-10-21
status:	published
citation:	410 N.J.Super. 209 981 A.2d 99
Document Size:	96000

5 FRANK J. CASELLA, JR. v. EUGENIO POSTORIVO -- rank: 768

... municipal or county ordinance, resolution, or regulation to the contrary." N.J.S.A. 4:1C-9. See also Borough of Closter v. Abram Demaree Homestead, Inc ... municipal or county ordinance, resolution, or regulation to the contrary,' N.J.S.A. 4:1C-9, and . . . the Supreme Court [has] found the . . . Act's provisions ...

docket:	a5166-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	39194

6 HAMPTON TOWNSHIP v. SUSSEX COUNTY AGRICULTURE DEVELOPMENT BOARD -- rank: 740

... would otherwise be prohibited by the local zoning ordinance. See N.J.S.A. 4:1C-9. The County Board approved the application, and the Township and ... of building and parking areas in conformance with municipal standards[.]" N.J.S.A. 4:1C-9(c). The market's operation must comply with relevant state ... not "pose a direct threat to public health and safety." N.J.S.A. 4:1C-9. A "farm market" is "a facility used for the wholesale ...

docket:	a1360-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-24
status:	unpublished
citation:
Document Size:	22560

7 DEMAREST FARM AND ORCHARD, LLC v. BOROUGH OF HILLSDALE MAYOR AND COUNCIL - -- rank: 580

... of building and parking areas in conformance with municipal standards.' N.J.S.A. 4:1C-9(c). Consistent with its obligation, an agricultural board must assess ...

docket:	a0538-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-12
status:	Unpublished
citation:
Document Size:	20973

8 COUNTY OF WARREN v. STATE OF NEW JERSEY -- rank: 565

... and by shielding them from nuisance suits brought by neighbors. N.J.S.A. 4:1C-9, -10; Twp. of Franklin v. Den Hollander , 172 N.J ...

docket:	a4591-07
court:	superior court appellate division
decided:	2009-09-04
status:	published
citation:	409 N.J. Super. 495 978 A.2d 312
Document Size:	80457

9 RICK LARUE v. MONMOUTH COUNTY AGRICULTURE DEVELOPMENT BOARD -- rank: 487

... municipal or county ordinance, resolution, or regulation to the contrary.' N.J.S.A. 4:1C-9; see also Borough of Closter v. Abram Demaree Homestead, Inc ...

docket:	a2608-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-16
status:	unpublished
citation:
Document Size:	26772

10 IN RE SAMAHA FARMS -- rank: 480

... of the cannon as a generally accepted agricultural management practice. N.J.S.A. 4:1C-9. He sought to use the cannon for a period of ...

docket:	A2163-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-11
status:	unpublished
citation:
Document Size:	31950