Search Rutgers Law Library N.J. Court Opinions

1 RAMAPO HUNT POLO CLUB ASSOCIATION, INC v. RAMAPOUGH MOUNTAIN INDIANS, INC -- rank: 1000

... enjoin violations of the Township's zoning ordinance pursuant to N.J.S.A. 40:55D-18 because RMI appeared to be erecting buildings or other prohibited ... law when it pleaded the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-18, to enforce the municipality's local zoning ordinances. Under MLUL ... restrain, correct or abate [a violation of a municipal ordinance].' N.J.S.A. 40:55D-18. The statute defines an 'interested party' as 'any person . . . whose ... a neighboring property owner, the right to enforce zoning ordinances. N.J.S.A. 40:55D-18. In order to determine whether the Polo Club was acting ... to enforce land use ordinances generally resides with the municipality. N.J.S.A. 40:55D-18. However, private 'interested parties' such as the Polo Club can ... U.S.C. § 1988. Furthermore, we do not read N.J.S.A. 40:55D-18 as either compelling or delegating enforcement authority to the ...

docket:	a5711-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-12
status:	Unpublished
citation:
Document Size:	37722

2 ANTONIO OLIVEIRA v. TOWNSHIP OF MAHWAH -- rank: 989

... defendants for violation of Mahwah's fence ordinance pursuant to N.J.S.A. 40:55D-18. There was no dispute the Township's fence ordinance requires ... time.' The court found the Municipal Land Use Law, specifically N.J.S.A. 40:55D-18, expressly permits 'an interested party, in addition to other remedies ... to enjoin their continued violation of the fence ordinance under N.J.S.A. 40:55D-18. Finding the 'legislative intent' plainly expressed by the language chosen ... in the trial court and do not dispute on appeal, N.J.S.A. 40:55D-18 provides plaintiffs a clear path to the injunctive relief they ... 40:55D-72(a).' Ibid. 'Alternatively they may, pursuant to N.J.S.A. 40:55D-18, directly seek an order to show cause to enjoin the ... owner of the property.' Ibid. Cox and Koenig explain that N.J.S.A. 40:55D-18 'effectively continues common law actions for nuisances that might ...

docket:	a3630-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34622

3 Paruszewski v. Township of Elsinboro -- rank: 906

... The MLUL grants townships exclusive powers to enforce the Law, N.J.S.A. 40:55D-18, and to adopt and enforce zoning ordinances, N.J.S ... will promote the public health, safety, morals, and general welfare." N.J.S.A. 40:55D-18 determines which parties have standing to institute actions to review ...

docket:	a-54-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 45
Document Size:	51296

4 Mary Harz v. Borough of Spring Lake -- rank: 892

... lieu of prerogative writs. See id. at 478; see also N.J.S.A. 40:55D-18 (providing that “an interested party . . . may institute any appropriate ... permit. That was her right, and one contemplated 26 by N.J.S.A. 40:55D-18. Her success in obtaining a restraining order, however, did not ...

docket:	a_48_16
court:	NJ Supreme Court
decided:	2018-06-26
status:
citation:
Document Size:	60356

5 LAKEVIEW MEMORIAL PARK ASSOCIATION, v. BURLINGTON COUNTY CONSTRUCTION BOARD OF APPEALS -- rank: 888

... tasks the municipalities with the enforcement of these provisions. See N.J.S.A. 40:55D-18. In accordance with the MLUL, the Township enacted Section 525 ... provisions of the Township code and the MLUL pursuant to N.J.S.A. 40:55D-18. See N.J.S.A. 40:55D-18. Part of this process may require the submission of site ... along with 'any ordinance or regulation made and adopted hereunder.' N.J.S.A. 40:55D-18. This enforcement provision also includes the ability to require permits ...

docket:	L-003629-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-25
status:
citation:
Document Size:	65314

6 Ten Stary Dom Partnership v. T. Brent Mauro -- rank: 861

... the variance on the issuance of a building permit. See N.J.S.A. 40:55D-18. In no event, however, does the record support the ultimate ...

docket:	A-52-11
court:	NJ Supreme Court
decided:	2013-08-05
status:
citation:	216 N.J. 16 76 A.3d 1236
Document Size:	90092

7 RICHARD GIANACAKOS v. HUDSON RIVER CROSSFIT -- rank: 861

... The trial court also found plaintiffs were 'interested' parties under N.J.S.A. 40:55D-18, allowing them to enforce the Hoboken municipal sound ordinance. Montgomery ... of this, defendants argue plaintiffs were not 'interested' parties under N.J.S.A. 40:55D-18 to enforce the zoning ordinance. Defendants argue there was no ... were zoned to operate a gym at this location. Under N.J.S.A. 40:55D-18 'an interested party . . . may institute any appropriate action or proceedings ... s operations. There is nothing in A-0808-18T2 14 N.J.S.A. 40:55D-18 that provides plaintiffs are precluded from instituting an action because ...

docket:	a0808-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-01
status:	Unpublished
citation:
Document Size:	33170

8 CONSTANTINE MATTHEWS v. CHARLES EHRMANN -- rank: 847

... to enforce land use ordinances generally resides with the municipality. N.J.S.A. 40:55D-18. Private, 'interested parties,' such as a neighboring property owner, can ... act, conduct, business or use in or about such premises. [N.J.S.A. 40:55D-18.] The MLUL recognizes the right of a property owner or ... they filed an action under section 18 of the MLUL. N.J.S.A. 40:55D-18. Thus, the time limitation in Rule 4:69-6(a ...

docket:	a1868-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	34339

9 DANIEL MOTLEY v. BOROUGH OF SEASIDE PARK ZONING BOARD OF ADJUSTMENT -- rank: 784

... N.J.S.A. 40:55D-70(d)); see also N.J.S.A. 40:55D-18 (noting a municipality's authority to issue zoning permits as ...

docket:	a3214-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	published
citation:	430 N.J.Super. 132 62 A.3d 908
Document Size:	59997

10 SOCIETY OF THE HOLY CHILD JESUS d/b/a OAK KNOLL SCHOOL VS CITY OF SUMMIT -- rank: 777

... that a municipality may enforce compliance with its zoning ordinance. N.J.S.A. 40:55D-18 provides: In case . . . any building, structure or land is used ...

docket:	a1126-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:	418 N.J. Super. 365 13 A.3d 886
Document Size:	70474

11 LIBERTY STORAGE, LLC v. THE CITY OF JERSEY CITY -- rank: 770

... an action between private parties for injunctive relief pursuant to N.J.S.A. 40:55D-18. Actions in lieu of prerogative writs generally require exhaustion of administrative remedies while actions brought under N.J.S.A. 40:55D-18 for injunctive relief do not. See Mullen v. Ippolito Corp ... 40:55D-72a."). We next address p laintiffs' argument that N.J.S.A. 40:55D-18 authorizes an interested party to institute an action without first ... administrative remedies. An "interested party" may bring an action under N.J.S.A. 40:55D-18 of the Municipal Land Use Law to enforce a zoning ... prerogative writ actions, in actions for injunctive relief brought under N.J.S.A. 40:55D-18, the exhaustion of remedies doctrine does not apply. Id. at ...

docket:	a5288-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-10
status:	unpublished
citation:
Document Size:	31418

12 TOWNSHIP OF FRANKLIN v. DAVID DEN HOLLANDER, GARDEN STATE GROWERS, et al. -- rank: 732

... act, conduct, business or use in or about such premises.          [ N.J.S.A. 40:55D-18.] The MLUL further provides that a municipal planning board "shall ...

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

13 K-LAND NO. 54, LLC v. TOWNSHIP OF NORTH BRUNSWICK -- rank: 729

... 40:55D-10.1 of the MLUL, and (ii) under N.J.S.A. 40:55D-18 of the MLUL, plaintiff was entitled to a "deemed approval ... have been dismissed on ripeness grounds. We disagree. Pursuant to N.J.S.A. 40:55D-18, the governing body of a municipality may require that a ... be an approval of the application for the zoning permit . [ N.J.S.A. 40:55D-18 (emphasis added).] On the other hand, a denial of a zoning permit is appealable to the Board of Adjustment, N.J.S.A. 40:55D-18, for which it sought enforcement in the Law Division by ...

docket:	a1950-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	51077

14 Northgate Condominium Association, Inc. v. Borough of Hillsdale Planning Board -- rank: 729

... does not comply with the requirements of the RSIS, see N.J.S.A. 40:55D-18. Before this Court, the focus of the RSIS dispute is ...

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

15 JOANN DEPHILIPPO v. CINNAMINSON TOWNSHIP PLANNING BOARD -- rank: 680

... of a land use dispute, the MLUL specifically allows in N.J.S.A. 40:55D-18 such challenges to be made by "an interested party," which ...

docket:	a5837-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	62871