Search Rutgers Law Library N.J. Court Opinions

1 Donald Nuckel v. Borough of Little Ferry -- rank: 1000

... read the transcripts of the prior proceedings as required by N.J.S.A. 40:55D-10.2. The panel also determined that variances were not necessary for ... read the transcripts of the prior proceedings as required by N.J.S.A. 40:55D-10.2. The panel also reversed the trial court’s determination that ... In doing so, the new board members were constrained by N.J.S.A. 40:55D-10.2, which provides: A member of a municipal agency who . . . was ...

docket:	A-3-10
court:	NJ Supreme Court
decided:	2011-06-16
status:
citation:
Document Size:	87148

2 LT PROPCO, L.L.C v. WESTLAND GARDEN STATE PLAZA LIMITED PARTNERSHIP -- rank: 822

... meeting or meetings they had missed. Thus, statutory compliance with N.J.S.A. 40:55D-10.2 was achieved. 6 On September 17, 2009, the Board adopted ...

docket:	a4046-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-14
status:	unpublished
citation:
Document Size:	63490

3 MARK G. MONTENERO v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 819

... to the recording of that meeting, a pre-condition under N.J.S.A. 40:55D-10.2 to her voting. 5 All six 2 N.J.S ... J. Super. 242, 272 n.10 (App. Div. 2009). 5 N.J.S.A. 40:55D-10.2 provides: A-5767-17T4 3 members were present at the ... measure if they listened to the missed meeting's recording, N.J.S.A. 40:55D-10.2, the legislative intent in enacting N.J.S.A. 40 ...

docket:	a5767-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	36050

4 State v. Shawn Bernard Mahone -- rank: 709

... of its position that only the original five may vote.      N.J.S.A. 40:55D-10.2 allows members absent from a hearing to vote on an ... read the transcript of the hearing. Patel held that under N.J.S.A. 40:55D-10.2 would allow its absent-member exception to overcome the general ...

docket:	a-57-97
court:	njsupreme
decided:	1997-12-03
status:
citation:	137 N.J. 216
Document Size:	55149

5 JAMES L. LAMBERT v. BOROUGH OF BEACH HAVEN -- rank: 700

... or she missed before they are eligible to vote. See N.J.S.A. 40:55D-10.2. The Schmidhausler court concluded: Rather than denying the application outright ...

docket:	a0555-19
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	44048

6 THE LAST FRONTIER, INC v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 659

... because ineligible Board members voted. Plaintiff argues that, pursuant to N.J.S.A. 40:55D-10.2, the members who were not present at the prior hearings ...

docket:	a5205-08
court:	superior court appellate division
decided:	2010-05-24
status:	unpublished
citation:
Document Size:	65283

7 JOSEPH F. DEEGAN, JR., et al. v. PERTH AMBOY REDEVELOPMENT AGENCY, et al. -- rank: 642

... he has read such transcript or listened to such recording. [ N.J.S.A. 40:55D-10.2.] However, the MLUL defines "municipal agency" to mean "a municipal ... 149 , 165 (App. Div. 2001). Therefore, the procedural requirements of N.J.S.A. 40:55D-10.2 do not apply to a redevelopment agency.     The Local Redevelopment ... and Housing Law does not contain a provision comparable to N.J.S.A. 40:55D-10.2 that requires a member of a redevelopment agency who was ... subject to all the procedural requirements of the MLUL, including N.J.S.A. 40:55D-10.2, but the redevelopment agency's decision to enter into the ... Super. 45 , 49 (App. Div. 1991). Thus, the requirement of N.J.S.A. 40:55D-10.2 that a board member who is absent from part of ... with the work . . . . Consequently, even if a requirement comparable to N.J.S.A. 40:55D-10.2 applied to a vote by a redevelopment agency member ...

docket:	A3963-03
court:	NJ Superior Court Appellate Division
decided:	2005-01-06
status:	published
citation:	374 N.J. Super. 80 863 A.2d 416
Document Size:	21050

8 PAMELA COLLINS v. PRESBYTERIAN CHURCH OF TOMS RIVER -- rank: 603

... variance.' D. Lobi Enters., 408 N.J. Super. at 353. N.J.S.A. 40:55D-10.2 also provides that a board member 'who was absent for ...

docket:	a5003-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-17
status:	unpublished
citation:
Document Size:	54603

9 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 592

... Glynn's application was legally ineligible to vote, pursuant to N.J.S.A. 40:55D-10.2, because he had missed the December 13, 2004, meeting, and ... the transcript nor listened to the tape of the meeting. N.J.S.A. 40:55D-10.2, provides that: [a] member of a municipal agency who was ... vote because of his or her failure to comply with N.J.S.A. 40:55D-10.2, is the striking of his vote, which in this case ... argue, an automatic denial of the application. The eligibility statute, N.J.S.A. 40:55D-10.2, does not set forth either a specific remedy or the ...

docket:	a5932-07
court:
decided:	2009-05-29
status:	Published
citation:	408 N.J. Super. 1 972 A.2d 1155
Document Size:	53112

10 BAYWICK PLAZA, LLC v. -- rank: 587

... tapes of the public meetings they missed, in violation of N.J.S.A. 40:55D-10.2. Although the absentees eventually submitted certifications, Judge Clyne found them ... for voting in the case of absent Board members. Thus, N.J.S.A. 40:55D-10.2 provides: A member of a municipal agency who was absent ... perfect the certifications on remand ultimately achieved substantial compliance with N.J.S.A. 40:55D-10.2. Indeed, we have been provided no countervailing public policy or ...

docket:	A2669-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-13
status:	unpublished
citation:
Document Size:	54680

11 LARRY PRICE v. LIBERTY PARK AT UNION CITY, LLC -- rank: 551

... transcript of the April meeting before the May one. See N.J.S.A. 40:55D-10.2 (providing that if a member of a municipal agency is ... transcript or heard a recording of that hearing pursuant to N.J.S.A. 40:55D-10.2, that member cannot be counted as part of a quorum ... use. The trial court ultimately rejected both arguments, determining both N.J.S.A. 40:55D-10.2 and the holding in Schmidhausler permitted the remedy the trial ...

docket:	a0032-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	13815

12 ELEANOR MERCURIO V. RICHARD DELVECCHIO, JR. ET AL -- rank: 531

... s attorney, Sefcik was allowed to participate in the hearing.      N.J.S.A. 40:55D-10.2 provides:         A member of a municipal agency[ See footnote 3 ...

docket:	a4771-93
court:	njappellate
decided:	1995-11-14
status:	published
citation:	285 N.J.Super. 328
Document Size:	16809

13 SUSSEX COMMONS ASSOCIATES, LLC v. TOWNSHIP OF FRANKFORD LAND USE BOARD -- rank: 531

... missed some of the meetings because of the prior order, N.J.S.A. 40:55D-10.2 permits absent Board members to cast their votes upon reviewing ...

docket:	a0377-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-11
status:	unpublished
citation:
Document Size:	65674

14 DENNIS M. SCARDIGLI, M.D., VS BOROUGH OF HADDONFIELD ZONING BOARD OF ADJUSTMENT, ET AL -- rank: 520

... at the two prior meetings. Plaintiff asserts that pursuant to N.J.S.A. 40:55D-10.2, because Skinner never supplied a written certification that he had ...

docket:	a4686-95
court:	njappellate
decided:	1997-04-30
status:	published
citation:	300 N.J.Super. 314
Document Size:	22138

15 MULLICA HILLS SUPERMARKETS LLC v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HARRISON -- rank: 401

... not the type of hearing requiring sworn testimony pursuant to N.J.S.A. 40:55D-10; (2) Ordinance 18-2012 was not a document issued by a ...

docket:	a1258-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	25510