Search Rutgers Law Library N.J. Court Opinions

1 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 1000

... of the changes proposed by the ordinances, as required by N.J.S.A. 40:49-2.1; and the ordinances' passages were defective because they did ... permitted uses in their locations. We see no error here. N.J.S.A. 40:49-2 sets forth the general rule as to notice of proposed and adopted land use ordinances. N.J.S.A. 40:49-2.1(a) provides an alternative form of notice for ordinances ... provide public notice in a newspaper of a proposed ordinance. N.J.S.A. 40:49-2(a); N.J.S.A. 40:49-2.1. Under N.J.S.A. 40:49-2(a), the notice must include the full text of ...

docket:	a5124-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	89145

2 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 961

... Township's published notice for Ordinance 15-03 complied with N.J.S.A. 40:49-2.1(a), which requires "citing such proposed ordinance by title ... judge found that the Township's published notice comported with N.J.S.A. 40:49-2.1(a), and that the personal notice satisfied N.J ... with the judge that the notices met the requirements of N.J.S.A. 40:49-2.1(a) and N.J.S.A. 40:55D-62 ... 209 N.J. 233 (2012), which stressed the importance of N.J.S.A. 40:49-2.1(a)'s "brief summary" requirement. There, we found that ... former GM Linden Assembly Plant site was non-compliant with N.J.S.A. 40:49-2.1(a) because it provided no indication of what new ... adequately conveys the ordinance's main objective as required by N.J.S.A. 40:49-2.1(a), i.e., the "addition of an Office/ ...

docket:	a1218-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	103093

3 ROCKAWAY SHOPRITE ASSOCIATES INC v. CITY OF LINDEN -- rank: 955

... ordinances, in part because the notices did not comply with N.J.S.A. 40:49-2.1. The Law Division disagreed and dismissed plaintiff's complaint ... denied the motion, concluding that the notice was sufficient under N.J.S.A. 40:49-2.1 and set the matter for trial on plaintiff's ... to the municipality's zoning effected by the proposed ordinance. N.J.S.A. 40:49-2.1 provides in pertinent part: In the case of any ... S.A. 40:55-34, the Legislature in 1977 enacted N.J.S.A. 40:49-2.1, allowing for publication by summary in the case of ... of the amendment of the zoning ordinance as mandated by N.J.S.A. 40:49-2.1. The notice was titled, "An ordinance to amend the ... that can be described by use and size. Yet, both N.J.S.A. 40:49-2.1 and N.J.S.A. 40:55D-11 ...

docket:	a1345-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-14
status:	published
citation:	424 N.J. Super. 337 37 A.3d 1143
Document Size:	62997

4 JOHN M. CARBONE v. BOROUGH OF NORTH HALEDON -- rank: 893

... challenge rested solely upon alleged violations of the MLUL and N.J.S.A. 40:49-2. 4 In particular, plaintiffs contended that, in violation of N ... plaintiffs contended that the ordinance was enacted in violation of N.J.S.A. 40:49-2, because the municipal clerk did not publish the notice, the ... complied with . . . the MLUL, as well as the provisions of [ N.J.S.A. 40:49-2]." He entered the order under review and this appeal followed ... N.J.S.A. 40:55D-62.1 (Emphasis added).] N.J.S.A. 40:49-2(a) requires that, prior to final passage of any ordinance ... a copy of the ordinance can be obtained . . . ." (Emphasis added). N.J.S.A. 40:49-2.1, however, provides in pertinent part: In the case of ... governing body of any municipality may , notwithstanding the provisions of [ N.J.S.A. ] 40:49-2, satisfy the newspaper publication requirements for the introduction and ...

docket:	a3744-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-30
status:	unpublished
citation:
Document Size:	30488

5 CONCERNED CITIZENS OF LIVINGSTON v. TOWNSHIP OF LIVINGSTON -- rank: 855

... fatally deficient. The notice generally required is set forth in N.J.S.A. 40:49- 2(a), which provides that, after the first reading, a proposed ... were available at the clerk's office. This complied with N.J.S.A. 40:49-2(a). However, the trial court found that under Robert James ... right to review accrued on the date of the notice. N.J.S.A. 40:49-2(d) provides: Upon passage, every ordinance, or the title, or ...

docket:	a4171-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	unpublished
citation:
Document Size:	107734

6 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 855

... contention, finding that the notice complied with the requirements of N.J.S.A. 40:49-2.1 and "provided an adequate 'summary of the main objectives ...

docket:	a2404-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-10
status:	published
citation:	403 N.J. Super. 146 958 A.2d 1
Document Size:	189355

7 JOSEPH COTLER, et al. v. TOWNSHIP OF PILESGROVE -- rank: 831

... in 1976, L. 1975, c. 291, § 1, the Legislature enacted N.J.S.A. 40:49-2.1, L. 1977, c. 395, § 1, "to reduce the costs to municipalities of having to publish, in accordance with [ N.J.S.A. ] 40:49-2, the full text of lengthy land use ordinances." Statement to ... 3008 , at 2 (Jan. 11, 1977) (noting that enactment of N.J.S.A. 40:49-2.1 "will potentially save the municipalities of New Jersey hundreds ... of thousands of dollars annually"). The only published opinion interpreting N.J.S.A. 40:49-2.1 is Wolf , supra , in which the published notice of ... the main objectives or provisions of the ordinance" required by N.J.S.A. 40:49-2.1, we stated: [The notice] was not sufficient to alert ... Nevertheless, we conclude that this notice did not comply with N.J.S.A. 40:49-2.1 because it did not contain sufficient information concerning ...

docket:	A0092-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-06
status:	published
citation:	393 N.J. Super. 377 923 A.2d 338
Document Size:	47016

8 29 E 29 STREET HOLDINGS, LLC v. CITY OF BAYONNE -- rank: 801

... The complaint advanced eight counts: violation of statutory publication requirements, N.J.S.A. 40:49-2 to -2.1; violation of the Municipal Land Use Law ... legislative hearing before the governing body.' Id. at 165 (citing N.J.S.A. 40:49-2(b)). This means there usually 'is no administrative record other ...

docket:	a3316-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-26
status:	Unpublished
citation:
Document Size:	61461

9 DELAWARE RIVERKEEPER NETWORK v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 786

... 6 to -21); Statutory procedures for the enactment of ordinances ( N.J.S.A. 40:49-2), including the municipal stormwater control ordinance and other ordinances adopted ...

docket:	a1821-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-18
status:	Published
citation:
Document Size:	65041

10 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 778

... ordinance, the governing body introduces the ordinance on first reading, N.J.S.A. 40:49-2.c. In a borough such as Point Pleasant, after the ... for applications for development and for adoption of master plan); N.J.S.A. 40:49-2 (requiring public hearing at readings of zoning ordinances), supports the ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

11 MARK SMITH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 769

... ordinances must provide notice to the public. In this regard, N.J.S.A. 40:49- 2.1(a) states that these notices must cite the proposed ...

docket:	a1684-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-01
status:	unpublished
citation:
Document Size:	96864

12 KEITH SPERONI v. BOROUGH OF POINT PLEASANT BEACH -- rank: 760

... to be published and advanced to a second reading. See N.J.S.A. 40:49-2(a) (providing that an ordinance "having passed a first reading ... required. N.J.S.A. 40:49-1; see also N.J.S.A. 40:49-2(c) (providing that '[u]pon the opening of the hearing ... ordinance "may be passed with or without amendments, or rejected." N.J.S.A. 40:49-2(c) (emphasis added). Here, Ordinance 2013-26 passed after the ... word "passed" with respect to all readings of an ordinance. N.J.S.A. 40:49-2(a) and (c). We are satisfied that the Legislature intended ...

docket:	a5356-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-19
status:	Published
citation:
Document Size:	37254

13 Richard Grabowsky v. Township of Montclair -- rank: 742

... therefore violated N.J.S.A. 40A:12A-7 and N.J.S.A. 40:49-2. Second, plaintiff claimed that Fried had a direct personal interest ... had violated N.J.S.A. 40A:12A-7 and N.J.S.A. 40:49-2. With respect to the alleged conflicts of interest, the trial ... Ordinance violated N.J.S.A. 40A:12A-7 and N.J.S.A. 40:49-2. Accordingly, those issues are not before the Court. 4 Although ...

docket:	A-53-13
court:	NJ Supreme Court
decided:	2015-06-15
status:
citation:	221 N.J. 536 115 A.3d 815
Document Size:	101462

14 HENRY J. BONNABEL v. TOWNSHIP OF RIVER VALE -- rank: 742

... the Township's publication "error was a technical violation of N.J.S.A. 40:49-2 that fails to establish a deviation from the substantial compliance ... Town of W. Orange , 63 N.J. 335 , 343 (1973). N.J.S.A. 40:49-2(a) requires that, at least one week before final adoption ... the general public who wants a copy of the ordinance." N.J.S.A. 40:49-2(a). Plaintiff contends that failure to comply precisely with the ... of the statute, and the notice substantially in compliance with N.J.S.A. 40:49-2. We agree. According to the Sponsors' Statement at the time the bill was introduced in the Legislature that included N.J.S.A. 40:49-2(a), the statutory option of publishing "a clear and concise ...

docket:	a4242-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-27
status:	unpublished
citation:
Document Size:	26414

15 EAST WINDSOR GROUP, LLC v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER -- rank: 712

... INSUFFICIENT AND FAILED TO COMPLY WITH THE STANDARDS SPECIFIED IN N.J.S.A. 40:49-2 AND N.J.S.A. 40:49-2.1. 1. DEFECTIVE NOTICE MANDATES INVALIDATION OF A ZONING ORDINANCE ...

docket:	a6230-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-15
status:	unpublished
citation:
Document Size:	29875