Search Rutgers Law Library N.J. Court Opinions

1 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 1000

... 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, giving ... 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.S ... 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-62.1 ... 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 a ... 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 zones ... 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/Corporate ...

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status:	unpublished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

2 ROCKAWAY SHOPRITE ASSOCIATES INC v. CITY OF LINDEN -- rank: 959

... 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. For ... 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 substantive ... 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 ordinance ... 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 ordinances ... 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 code ... 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 share ...

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

3 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 939

... 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 not ... 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 that ... 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 ... the proposed ordinance or include its title and a summary. N.J.S.A. 40:49-2.1(a) allows for "a brief summary of the main objectives ... newspaper printed in the county and circulating in the municipality[.]" N.J.S.A. 40:49-2.1 has the same requirement for lengthy ordinances. "Upon passage of ... subsection d. of [ N.J.S.A. ] 40:49-2." N.J.S.A. 40:49-2.1. Lopatcong published notice of ordinance 11-07 in The ...

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status:	unpublished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

4 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 919

... 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 or ...

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

5 MARK SMITH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 916

... 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 ordinance ...

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status:	unpublished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

6 JOHN M. CARBONE v. BOROUGH OF NORTH HALEDON -- rank: 856

... 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 any ... We have explained the legislative purpose behind the enactment of N.J.S.A. 40:49-2.1: Before enactment of the MLUL, a municipality was required to ... after the MLUL became effective in 1976, . . . the Legislature enacted N.J.S.A. 40:49-2.1, . . . "to reduce the costs to municipalities of having to publish ... 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 ... summary of the main objectives or provisions of the ordinance." N.J.S.A. 40:49-2.1(a). It was provided with a copy of the ordinance ...

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

7 JOSEPH COTLER, et al. v. TOWNSHIP OF PILESGROVE -- rank: 833

... 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 ... 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 a ... 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 a ... 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 the nature ... that would result from adoption of the proposed amended ordinance. N.J.S.A. 40:49-2.1 does not require the published notice of proposed adoption ...

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 MAHWAH REALTY ASSOCIATES, INC v. TOWNSHIP OF MAHWAH, -- rank: 755

... such brevity to be summarized even in newspaper notices. See N.J.S.A. 40:49-2.1(a); Cotler v. Twp. of Pilesgrove , 393 N.J. Super ... newspaper was sufficient. We agree the notice was sufficient. See N.J.S.A. 40:49-2.1. This archive is a service of Rutgers School of Law ...

docket:	a4360-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-15
status:	published
citation:	430 N.J.Super. 247 63 A.3d 1217
Document Size:	40108

9 /usr/local/share/www/libweb/collections/courts/appellate/a2029-20.opn.html -- rank: 735

... ordinance or updated zoning map is published, finding it contrary N.J.S.A. 40:49-2.1, which permits a summary to be used in place of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	55708

10 EAST WINDSOR GROUP, LLC v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER -- rank: 724

... 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 BECAUSE ...

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

11 ROCKAWAY SHOPRITE ASSOCIATES INC v. PLANNING BOARD OF THE CITY OF LINDEN -- rank: 675

... 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 substantive ...

docket:	a5534-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-13
status:	unpublished
citation:
Document Size:	31228

12 WILLIAM M. CAMPBELL v. BOROUGH OF NORTH PLAINFIELD -- rank: 672

... changes to the zoning ordinance to satisfy the requirements of N.J.S.A. 40:49-2.1, and was thus legally insufficient. Id. at 387. We did ...

docket:	a0526-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-24
status:	published
citation:	404 N.J.Super. 337 961 A.2d 770
Document Size:	84009

13 DAVID F. LIPTON VS. TOWNSHIP COUNCIL OF BERKELEY TOWNSHIP, ET AL. -- rank: 652

... Town Hall and published in the newspaper as required under N.J.S.A. 40:49-2.1(a). A-2933-21 3 Although members of the public ... of notice lacked any merit. The notice was compliant with N.J.S.A. 40:49-2.1(a). Under count two, the court correctly noted that under ...

docket:	a2933-21
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	25081

14 CARTERET INDUSTRIAL PROJECT v. BOROUGH COUNCIL BOROUGH OF CARTERET et al. -- rank: 522

... in a redevelopment area by eminent domain, supposedly required by N.J.S.A. 40:49-2.1. We disagree. According to N.J.S.A. 40:49-2.1 authorizes a municipality to meet the statutory newspaper notice requirements ... it; and reports the time and place of further consideration. N.J.S.A. 40:49-2.1. The LRHL requires no more and does not mandate that ...

docket:	A1893-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-23
status:	unpublished
citation:
Document Size:	57701