Search Rutgers Law Library N.J. Court Opinions

1 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 1000

... by [ N.J.S.A. 40:55-1.4, now N.J.S.A. 40:55D-23] partici-pates in planning board action, such action is invalid ...

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

2 Richard Grabowsky v. Township of Montclair -- rank: 966

... either directly or indirectly, any personal or financial interest.” N.J.S.A. 40:55D-23(b). The second pertinent statute, the LGEL, is applicable to ... S.A. 40A:9-22.5(d) (LGEL conflict provision); N.J.S.A. 40:55D-23(b) (MLUL conflict provision). In order for a public official ... that gave rise to a disqualifying conflict under the MLUL, N.J.S.A. 40:55D-23(b) , the LGEL, N.J.S.A. 40A:9-22 ... of “the mayor or the mayor’s designee.” N.J.S.A. 40:55D-23(a). “The term of the member composing Class I shall correspond to the mayor’s . . . official tenure . . . .” N.J.S.A. 40:55D-23(b). 5 The Legislature did not indicate whether the term ...

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

3 MARK G. MONTENERO v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 955

... Board acted without a quorum. Toms River, in accordance with N.J.S.A. 40:55D-23(a), created a planning board consisting 1 Two lots are ... 55D-10.2 to her voting. 5 All six 2 N.J.S.A. 40:55D-23(a) allows a governing body to create a planning board ...

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status:	Unpublished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

4 Vincent Piscitelli v. City of Garfield Zoning Board of Adjustment -- rank: 907

... d); see also N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of this ... d); see also N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of the ...

docket:	a-68-17
court:	NJ Supreme Court
decided:	2019-03-27
status:
citation:	237 N.J. 333 205 A.3d 183
Document Size:	87093

5 VISHNU REDDY v. MOORESTOWN TOWNSHIP PLANNING BOARD -- rank: 903

... has, either directly or indirectly, any personal or financial interest.' N.J.S.A. 40:55D-23(b). '[P]rocedural niceties do not change the potential for ...

docket:	a3575-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-21
status:	Unpublished
citation:
Document Size:	50458

6 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 851

... adoption of a master plan by the planning board. See N.J.S.A. 40:55D-23 to -28. Once the planning board adopts a master plan ...

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

7 VILLAGE SUPERMARKETS INC v. TOWNSHIP OF EGG HARBOR -- rank: 840

... on the Board as a Class II member pursuant to N.J.S.A. 40:55D-23(a), which provides: The governing body may, by ordinance, create ... his employment with the Township and role on the Board. N.J.S.A. 40:55D-23(a) permits a municipal official to serve on the Board ... ShopRite which would have barred Miller's participation pursuant to N.J.S.A. 40:55D-23(b). The New Jersey Supreme Court has previously defined the ...

docket:	a5370-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-08
status:	unpublished
citation:
Document Size:	52177

8 DAVID USECHAK v. BOROUGH OF SHREWSBURY PLANNING BOARD -- rank: 769

... Board from considering the second application on the merits. Citing N.J.S.A. 40:55D-23(b), the trial court found that the Usechaks failed to ... 215, 225 (App. Div. 2009) (first alteration in original) (quoting N.J.S.A. 40:55D-23(b)). 'In commenting on the breadth of [ N.J.S.A.] 40:55-1.4, the predecessor to [ N.J.S.A.] 40:55D-23(b), which contains the identical disqualification language, we observed that ...

docket:	a2857-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	32433

9 D. LOBI ENTERPRISES, INC. v. PLANNING/ZONING BOARD OF THE BOROUGH OF SEA BRIGHT -- rank: 765

... of adjustment, rather than creating separate zoning boards of adjustment. N.J.S.A. 40:55D-23.1 (providing that "[a]lternate members may participate in all ... Class I and the Class III members shall not participate." N.J.S.A. 40:55D-23. The statute striking the Class I and Class III members ...

docket:	a5718-07
court:	superior court appellate division
decided:	2009-07-31
status:	published
citation:	408 N.J. Super. 345 974 A.2d 1134
Document Size:	36928

10 IN THE MATTER OF THE TOWNSHIP OF EAST BRUNSWICK FOR A JUDGMENT OF COMPLIANCE OF ITS THIRD ROUND HOUSING ELEMENT AND FAIR SHARE PLAN HIDDEN OAKS WOODS, LLC v. TOWNSHIP OF EAST BRUNSWICK and TOWNSHIP OF EAST BRUNSWICK PLANNING BOARD -- rank: 713

... and bias against, [plaintiff's] [a]pplication and violated both N.J.S.A. 40:55D-23(b) and [, N.J.S.A. 40A:9-22.5 ... Compliance and Repose. They claim the judge misapplied the MLUL, N.J.S.A. 40:55D-23(b), and the Local Government Ethics Law (LGEL), N.J ...

docket:	a3115-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-30
status:	Unpublished
citation:
Document Size:	45268

11 WORLD WHEAT FOUNDATION, INC v. PLANNING BOARD OF THE TOWNSHIP OF SADDLE BROOK -- rank: 631

... tainted the Board's decision on its application. Pursuant to N.J.S.A. 40:55D-23(b), as applicable to planning boards, "[n]o member of ...

docket:	a5716-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-20
status:	unpublished
citation:
Document Size:	56599

12 THE RIDGE AT BACK BROOK LLC v. THE EAST AMWELL TOWNSHIP PLANNING BOARD, -- rank: 631

... A. 40A:9-22.2, THE MUNICIPAL LAND USE LAW, N.J.S.A. 40:55D-23, AND THE COMMON LAW TO WOLFE'S STATEMENTS AND IN ...

docket:	a3710-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Unpublished
citation:
Document Size:	56854

13 LARS STERNAS v. DMH2, LLC -- rank: 628

... appointed to the Planning Board by the mayor pursuant to N.J.S.A. 40:55D-23(a), which requires a mayor to appoint one township official ... be a Class II member on the planning board, see N.J.S.A. 40:55D-23(a), and a Class II member is an official of ... must perform will not be interrupted to any significant degree. N.J.S.A. 40:55D-23.2 provides that if in a particular matter a planning ...

docket:	a2051-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	22704

14 ACADEMY HILL, INC v. CITY OF LAMBERTVILLE -- rank: 613

... ethics for local government officials. Id. at 552-53 (quoting N.J.S.A. 40:55D- 23(b)); see also Mondsini, 458 N.J. Super. at 299 ...

docket:	a4674-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	65787

15 BARBARA PETRICK AND ELISABETH K. DUVAL V. PLANNING BD. OF THE CITY OF JERSEY CITY AND CHRIST HOSPITAL, INC. -- rank: 609

... environmental commission include a member of the municipal planning board, N.J.S.A. 40:55D-23 does not require that a member of the environmental commission ...

docket:	a5211-94
court:	njappellate
decided:	1996-02-09
status:	published
citation:	287 N.J.Super. 325
Document Size:	25040