Search Rutgers Law Library N.J. Court Opinions

1 PAULINE JENNINGS v. THE BOROUGHOF HIGLANDS, ET AL. -- rank: 1000

... of Ordinance O-07-07 and provide recommendations pursuant to N.J.S.A. 40:55D-26(a) and -64. On June 14, July 12, and August ... the MLUL and the Condominium Act; (2) the application of N.J.S.A . 40:55D-26(a); and (3) the propriety of the dismissal of the ... the report and recommendations of the Planning Board pursuant to N.J.S.A. 40:55D-26(a). From the record presented to us, the governing body ... the hallmark of planning required by the MLUL, we view N.J.S.A. 40:55D-26(a) as imposing a mandatory duty upon a governing body ... believe that members of a governing body acting pursuant to N.J.S.A. 40:55D-26(a) owe an implied duty under the MLUL to at ... do-over. We therefore conclude that this material violation of N.J.S.A. 40:55D-26(a) renders Ordinance O-07-07 invalid. D. Lastly, ...

docket:	A0941-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	published
citation:	418 N.J. Super. 405 13 A.3d 911
Document Size:	63338

2 A-0426 ROYAL, LLC v. TOWNSHIP OF SOUTH BRUNSWICK, THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF SOUTH BRUNSWICK, THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK, and PINEVILLE BRUNSWICK DEVELOPMENT ASSOC - July 27, 2015 -- rank: 886

... failure to report back to the Council in conformance with N.J.S.A. 40:55D-26 7 . It is undisputed that the Council introduced Ordinance 6 ... ordinance or amendment thereto to the planning board pursuant to [ N.J.S.A. 40:55D-26]." 7 N.J.S.A. 40:55D-26 reads, in relevant part: Prior to the adoption of a ...

docket:	a0461-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-09
status:	unpublished
citation:
Document Size:	53307

3 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 869

... or amendment thereto to the planning board" in accordance with N.J.S.A. 40:55D-26. N.J.S.A. 40:55D-26 requires the planning board to draft and transmit to the ... Deptford , 326 N.J. Super. 158 , 162 (App. Div. 1999). N.J.S.A. 40:55D-26 provides: Prior to the adoption of a development regulation, revision ...

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status:	unpublished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

4 PASSFIELD PROPERTIES v. TOWNSHIP OF WEST CALDWELL, et al. -- rank: 838

... to it by ordinance or resolution of the governing body . . . ." N.J.S.A. 40:55D-26. Thus, the governing body's decision to refer to the ...

docket:	A1306-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-26
status:	unpublished
citation:
Document Size:	52039

5 BEAZER HOMES CORPORATION v. TOWNSHIP OF EAST GREENWICH and EAST GREENWICH TOWNSHIP PLANNING BOARD -- rank: 745

... a result of the Township's failure to comply with N.J.S.A. 40:55D-26 and -64. Shortly thereafter, the Landowners filed their own action ...

docket:	A1962-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-05
status:	unpublished
citation:
Document Size:	36509

6 QUICK CHEK CORPORATION v. HOWELL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 742

... inconsistencies and any other matters as the board deems appropriate." N.J.S.A. 40:55D-26(a). A determination by a planning board that an ordinance ...

docket:	a3376-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	61494

7 ALAN WILLOUGHBY, WILLIAM H. REESE, SR. et al. v. PLANNING BOARD TOWNSHIP OF DEPTFORD, THE TOWNSHIP COUNCIL OF DEPTFORD AND THE WOLFSON GROUP, INC., -- rank: 701

... the Township's zoning ordinance was adopted in conformity with N.J.S.A. 40:55D-26 and 62a. See footnote 1 The trial court determined that ... proposed zoning ordinance or amendment to the municipal planning board. N.J.S.A. 40:55D-26 (section 26) defines a planning board's function in this ...

docket:	a0010-98
court:	njappellate
decided:	1999-11-12
status:	published
citation:	<a href=
Document Size:	22152

8 SAMUEL HEKEMIAN v. TOWNSHIP OF CRANFORD -- rank: 701

... board for its input before adoption of the ordinance. See N.J.S.A. 40:55D-26, -64. However, such a referral has a strict time deadline ... the governing body after which the governing body may act. N.J.S.A. 40:55D-26(a). In this case, there is no evidence that the ... ordinance, nor did the Township make the referral pursuant to N.J.S.A. 40:55D-26, -64. Rather, invoking its local ordinance, the Township directed CDA ...

docket:	a5822-12
court:	NJ Superior Court Appellate Division
decided:	2016-04-26
status:	published
citation:	445 N.J.Super. 220 137 A.3d 543
Document Size:	57394

9 MANALAPAN REALTY V. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN -- rank: 697

... 52.] Both amendments were adopted after the Board, pursuant to N.J.S.A. 40:55D-26, found the proposed amendments to be substantially consistent with the ...

docket:	a-61-94
court:	njsupreme
decided:	1995-06-06
status:
citation:	140 N.J. 366
Document Size:	80540

10 KENNETH GEWERTZ, et al. v. THE DIOCESE OF CAMDEN, et al. -- rank: 659

... Council, and adopted a resolution recommending its passage pursuant to N.J.S.A. 40:55D-26. On December 2, 2002, plaintiff filed a protest to the ...

docket:	A3980-03
court:	NJ Superior Court Appellate Division
decided:	2006-05-25
status:	unpublished
citation:
Document Size:	48936

11 EDWARD BOJEKIAN AND FLORENCE BOJEKIAN V. FORT LEE PLANNING BOARD -- rank: 646

... g. , N.J.S.A. 40:55D-13 to -16; N.J.S.A. 40:55D-26, -28 and -62.     If the municipal action is challenged in ...

docket:	a737-94
court:	njappellate
decided:	1996-01-05
status:	published
citation:	286 N.J.Super. 311
Document Size:	55078

12 EAST/WEST VENTURE V. BORO OF FORT LEE -- rank: 646

... g. , N.J.S.A. 40:55D-13 to -16; N.J.S.A. 40:55D-26, -28 and -62.     If the municipal action is challenged in ...

docket:	a736-94
court:	njappellate
decided:	1996-01-05
status:	published
citation:	286 N.J.Super. 311
Document Size:	55051

13 OLD ORCHARD VILLAGE HOMEOWNERS ASSOCIATION INC v. MUNICIPALITY OF PRINCETON -- rank: 635

... on Old Orchard Lane, adjacent to the property. Pursuant to N.J.S.A. 40:55D-26(a) and -64, the Council referred the proposed ordinance to ...

docket:	a4005-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-03
status:	Unpublished
citation:
Document Size:	42338

14 SAMUEL TRIPSAS v. BOROUGH OF ORADELL -- rank: 615

... a decision first made by the planning board pursuant to N.J.S.A. 40:55D-26(a). See Myers v. Ocean City Zoning Bd. of Adjustment ...

docket:	a0649-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-25
status:	Unpublished
citation:
Document Size:	24725

15 JOHN E. MYERS v. OCEAN CITY ZONING BOARD OF ADJUSTMENT -- rank: 601

... within ninety-five days, the decision will be deemed affirmed); N.J.S.A. 40:55D-26(a) (stating that failure of the planning board to transmit ...

docket:	a2568-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	published
citation:	439 N.J.Super. 96 106 A.3d 576
Document Size:	29518