Search Rutgers Law Library N.J. Court Opinions

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

... which approval is sought are available pursuant to subsection 6b. [ N.J.S.A. 40:55D-11.] To comply with N.J.S.A. 40:55D-11, the notice must "fairly apprise[]" those who may be affected ...

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status:	unpublished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

2 Northgate Condominium Association, Inc. v. Borough of Hillsdale Planning Board -- rank: 935

... which the property to be developed must be identified. See N.J.S.A. 40:55D-11. The second issue before this Court is whether Caliber demonstrated ... the MLUL that bear generally on notice, see, e.g. , N.J.S.A. 40:55D-11 to -15, but there is only one statutory provision that ... published was adequate to confer jurisdiction on the Board, see N.J.S.A. 40:55D-11. That section provides as follows: Notices pursuant to [ N.J ... Ibid. ] This appeal requires us to interpret the language in N.J.S.A. 40:55D-11 that governs the manner in which the notice will provide ... ā€¯ Perlmart , supra , 295 N.J. Super. at 236 (quoting N.J.S.A. 40:55D-11). In that appeal, plaintiffs argued that the notice was deficient ... s notice did not conform to the technical requirements of N.J.S.A. 40:55D-11, the appellate panel instead applied a more general approach ...

docket:	A-5-11
court:	NJ Supreme Court
decided:	2013-05-13
status:
citation:	214 N.J. 120 68 A.3d 292
Document Size:	96278

3 BOARD OF EDUCATION OF THE CITY OF CLIFTON v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF CLIFTON -- rank: 871

... s notice of the hearing on the application required by N.J.S.A. 40:55D-11 was defective; (2) in remanding the matter to the Planning ...

docket:	a0717-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-02
status:	published
citation:	409 N.J. Super. 389 977 A.2d 1050
Document Size:	224699

4 ROCKAWAY SHOPRITE ASSOCIATES INC v. CITY OF LINDEN -- rank: 839

... context of applications for development. Such notices are governed by N.J.S.A. 40:55D-11, which, admittedly, sets different content standards. Unlike an ordinance proposal ... both N.J.S.A. 40:49-2.1 and N.J.S.A. 40:55D-11 share a commonality of purpose, namely, to provide sufficient detail ... and conditional use approval for a K-Mart shopping center. N.J.S.A. 40:55D-11 requires the notice specify "the nature of the matters to ... J. Super. 335 (App. Div. 2008), a public notice under N.J.S.A. 40:55D-11 advised the developer's application was for a "use variance ... numbers . . . . [(emphasis added).] The requirement is identical to that in N.J.S.A. 40:55D-11, interpreted in Perlmart and Pond Run . This archive is a ...

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

5 CONCERNED CITIZENS OF TENAFLY, INC. v. BOROUGH OF TENAFLY PLANNING BOARD -- rank: 815

... must state 'the nature of the matters to be considered.' N.J.S.A. 40:55D-11. Notice of the hearing 'shall be given to the owners ...

docket:	a1989-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	94556

6 NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS v. TOWNSHIP COUNCIL TOWNSHIP OF EDISON -- rank: 806

... public and individual notice must include the information specified in N.J.S.A. 40:55D-11. Edison's ordinance enhances the public notice requirements of subsection ... such notice. Footnote: 3     The following information not required by N.J.S.A. 40:55D-11 must be included on the sign: the name and phone ...

docket:	a6490-03
court:	njappellate
decided:	2006-02-02
status:	published
citation:	*CITE_PENDING*
Document Size:	31787

7 N & K VENTURES, LLC v. ALLOWAY TOWNSHIP PLANNING BOARD -- rank: 771

... found that plaintiff did not satisfy the notice requirements of N.J.S.A. 40:55D-11 and failed to apply for a variance from the agricultural ... concluded that plaintiff did not satisfy the notice requirements of N.J.S.A. 40:55D-11 in connection with the agricultural buffer requirement. It maintains that ... proper by the Board, fully complied with the requirements of N.J.S.A. 40:55D-11. Plaintiff also argues that the Board's professionals did not ... the Board asserts that the notice "met the requirements of N.J.S.A. 40:55D-11 and provided the planning Board with jurisdiction to hear the ... Adj. , 397 N.J. Super. 335 , 350 (App. Div. 2008). N.J.S.A. 40:55D-11 requires that notices of hearings on development applications state the ... of the matters to be considered." The leading case interpreting N.J.S.A. 40:55D-11 is Perlmart of Lacey, Inc. v. Lacey Township Planning ...

docket:	A0242-07
court:	NJ Superior Court Appellate Division
decided:	2008-06-09
status:	unpublished
citation:
Document Size:	88168

8 IRENE CONTI v. CHADD SMITH -- rank: 771

... act on the application. Stafford, 154 N.J. at 79. N.J.S.A. 40:55D-11 establishes the required content for these notices. This statute provides ... sought are available [for review]. [(emphasis added).] We have interpreted N.J.S.A. 40:55D-11 to require 'an accurate description of what the property will ... relief under N.J.S.A. 40:55D-36. However, N.J.S.A. 40:55D-11, which states what the notice must contain, does not require ...

docket:	a1929-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-15
status:	Unpublished
citation:
Document Size:	39372

9 BRUCE A. PATERSON v. THE COMBINED PLANNING BOARD ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF GARWOOD -- rank: 745

... other things, "the nature of the matters to be considered." N.J.S.A. 40:55D-11. The parties did not present the court with a copy ... that the notice of the hearing did not comply with N.J.S.A. 40:55D-11 because it failed to inform the public or neighboring property ... that the notice of the hearing did not comply with N.J.S.A. 40:55D-11; (2) the judge misapplied Pond Run Watershed Ass'n v ... by finding that the hearing notice did not comply with N.J.S.A. 40:55D-11. The Villarauts contend that the notice met the statutory requirements ... pursuant to [ N.J.S.A. 40:55D-10(b)]. [ N.J.S.A. 40:55D-11.] It is well established that public notice in accordance with ... conclusion that the notice used here met the requirements of N.J.S.A. 40:55D-11. In that case, the applicant sought site plan approval ...

docket:	a2328-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	38595

10 MESQUITE TOWER CONSULTING, LLC, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 716

... 397 N.J. Super. 335 , 350 (App. Div. 2008). Under N.J.S.A. 40:55D-11, notice of an application for devel­opment "shall state . . . the ...

docket:	a4777-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	87500

11 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 716

... 397 N.J. Super. 335 , 350 (App. Div. 2008). Under N.J.S.A. 40:55D-11, notice of an application for devel­opment "shall state . . . the ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

12 /usr/local/share/www/libweb/collections/courts/appellate/a4682-4777-08.opn.html -- rank: 716

... 397 N.J. Super. 335 , 350 (App. Div. 2008). Under N.J.S.A. 40:55D-11, notice of an application for devel­opment "shall state . . . the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88190

13 MARK SMITH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 713

... on the application. Stafford, supra, 154 N.J. at 79. N.J.S.A. 40:55D-11 establishes the required content for these notices. Similar to what DEP has required in its regulation in this case, N.J.S.A. 40:55D-11 states that the notice must state the date, time and ... approval is sought are available [for review.] We have interpreted N.J.S.A. 40:55D-11 to require 'an accurate description of what the property will ...

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

14 /usr/local/share/www/libweb/collections/courts/appellate/a1981-20.opn.html -- rank: 704

... maps and documents for which approval is sought are available . . . . [N.J.S.A. 40:55D-11.] The purpose for this requirement is to ensure that members ... The notice provided by Mehta fully satisfied the requirements of N.J.S.A. 40:55D-11, thereby not depriving the Board of jurisdiction over Mehta's ... notice as it was not part of the proposed development. N.J.S.A. 40:55D-11 only requires that 'the property proposed for development' be included ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	30701

15 LAKEWOOD REALTY ASSOCIATES v. LAKEWOOD TOWNSHIP PLANNING BOARD -- rank: 701

... maps or documents for which approval is sought are available[.]' N.J.S.A. 40:55D-11. 'Failure to provide proper notice deprives a municipal planning board ... the nature of the matters to be considered.'' Ibid. (quoting N.J.S.A. 40:55D-11). The full text of the public notice issued by RD ...

docket:	a3750-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	36965