Search Rutgers Law Library N.J. Court Opinions

1 Cherokee LCP Land, LLC v. City of Linden Planning Board -- rank: 1000

... “interested party” within the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-4, as applied to the holder of a tax sale certificate ... for certification. 230 N.J. 500 (2017). HELD: Pursuant to N.J.S.A. 40:55D-4, a tax lienholder who can show that its “right ... action or a failure to act under [this act].” N.J.S.A. 40:55D-4 (emphases added). New Jersey’s courts have long taken a ... a “right to use, acquire, or enjoy property.” N.J.S.A. 40:55D-4. The purchaser of the tax sale certificate has the right ... enjoy property is or may be affected” by the action. N.J.S.A. 40:55D-4. Therefore, standing must be considered on a case-by-case ... be affected by any action taken under [the MLUL],” N.J.S.A. 40:55D-4. This appeal tests the limits of that definition as ...

docket:	a_82_16
court:	New Jersey Supreme Court
decided:	2018-08-02
status:
citation:
Document Size:	78261

2 EASTAMPTON CENTER, LLC v. THE PLANNING BOARD TOWNSHIP OF EASTAMPTON et al. -- rank: 954

... the Legislature authorized municipalities to zone for planned development districts. N.J.S.A. 40:55D-4, and authorized municipalities to allow "developers of projects greater than ...

docket:	A1172-00
court:	NJ Superior Court Appellate Division
decided:	2002-08-20
status:	published
citation:
Document Size:	81650

3 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 951

... inherently beneficial uses suitable for inclusion in industrial zones. See N.J.S.A. 40:55D-4 (identifying solar or photovoltaic energy facilities as inherently beneficial uses ...

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status:	unpublished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

4 388 ROUTE 22 READINGTON REALTY HOLDINGS, LLC v. TOWNSHIP OF READINGTON -- rank: 937

... a whole, the MLUL and its provision defining 'interested party,' N.J.S.A. 40:55D-4, vest property owners with the enforceable right to develop their ... may be affected by any action taken under' the MLUL. N.J.S.A. 40:55D-4. The plaintiff in Harz wrote to the municipal zoning officer ...

docket:	a1826-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-08
status:	Unpublished
citation:
Document Size:	114122

5 MSO, INC. v. THE PLANNING BOARD OF THE BOROUGH OF GLEN ROCK -- rank: 889

... increase in the permitted floor area ratio as defined in [N.J.S.A. 40:55D-4] . . . .' N.J.S.A. 40:55D-4 defines floor area ratio as 'the sum of the area ... Section 230-72D is different from 'floor area ratio' in N.J.S.A. 40:55D-4, we find no support for plaintiffs' interpretation and misguided assertion ... ratios and regulatory techniques.' Floor area ratio is defined in N.J.S.A. 40:55D-4 but other ratios and regulatory techniques are not so defined ...

docket:	a3430-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-18
status:	Unpublished
citation:
Document Size:	52075

6 Rumson Estates, Inc. v. Mayor & Council of the Borough of Fair Haven et al. -- rank: 872

... to be used, developed or built upon as a unit.� N.J.S.A. 40:55D-4. �Density� is �the permitted number of dwelling units per gross ... are entitled to primacy. The definition of �interested party� in N.J.S.A. 40:55D-4 confers a litigational status on a citizen that could not ... ratios and regulatory techniques.� Floor area ratio is defined in N.J.S.A. 40:55D-4 but other ratios and regulatory techniques are not so defined ... or structures compared to the total area of the site.� N.J.S.A. 40:55D-4. That is where we think the court in Manalapan Builders ...

docket:	a-159-01
court:	njsupreme
decided:	2003-08-05
status:
citation:	177 N.J. 338
Document Size:	75703

7 RENAISSANCE PLAZA ASSOCIATES, LIMITED PARTNERSHIP, Plaintiff, v. CITY OF ATLANTIC CITY, Defendant. -- rank: 869

... other person having an enforceable proprietary interest in such land." N.J.S.A. 40:55D-4. The court held that a tenant holding under a 99 ... renewable in perpetuity held "an interest in land" pursuant to N.J.S.A. 40:55D-4, and thus, was permitted to apply for a variance. Ric ...

docket:	00143-97
court:
decided:	1998-01-26
status:
citation:	18 N.J. Tax 342
Document Size:	99363

8 /usr/local/share/www/libweb/collections/courts/appellate/a0320-19.opn.html -- rank: 866

... both before the land use board and before the court. N.J.S.A. 40:55D- -4 defines an '[i]nterested party' . . . in the case of a ... Cherokee LCP Land, 234 N.J. at 416–17 (quoting N.J.S.A. 40:55D-4). We affirm the dismissal of count two of the complaint ... s ability to 'use, acquire, or enjoy' its real property. N.J.S.A. 40:55D-4. This is not such a case. II. 'The [OPMA] makes ...

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court:
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Document Size:	26500

9 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 864

... 395 N.J. Super. 434 , 446 (App. Div. 2007) (quoting N.J.S.A. 40:55D-4). Consequently, the reference in N.J.S.A. 40:55D ...

docket:	A5805-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-23
status:	Published
citation:	401 N.J. Super. 152 949 A.2d 312
Document Size:	57363

10 AMIR SHAKED v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NORTH BERGEN -- rank: 864

... in the district, an increase in density permitted pursuant to N.J.S.A. 40:55D-4, and an increase in height of a building exceeding ten ... if authorized by municipal ordinance or by a planned development.' N.J.S.A. 40:55D- 4; Grubbs, 389 N.J. Super. at 384. 'The board of ...

docket:	a4634-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-23
status:	unpublished
citation:
Document Size:	144733

11 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 861

... 395 N.J. Super. 434 , 446 (App. Div. 2007) (quoting N.J.S.A. 40:55D-4). Consequently, the reference in N.J.S.A. 40:55D ...

docket:	A1563-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-23
status:	published
citation:	401 N.J.Super. 152 949 A.2d 312
Document Size:	59042

12 /usr/local/share/www/libweb/collections/courts/appellate/a3793-12a-1886-13.opn.html -- rank: 855

... comprehensive plan for the development of a planned development." 2 N.J.S.A. 40:55D-4. "The planned development shall be developed in accordance with the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56366

13 MILLBURN TOWNSHIP v. SHORT HILLS ASSOCIATES/ TAUBMAN CO. -- rank: 847

... N.J.S.A. 40:55D-1 to -163)].” N.J.S.A. 40:55D-4. There is no dispute that Ordinance No. 2259-05, which ... 000 square feet, constitutes a development regulation as defined by N.J.S.A. 40:55D-4, and was therefore required to be filed with the Essex ...

docket:	04430-06
court:
decided:	2007-02-06
status:
citation:
Document Size:	29645

14 FRANK PAGANO v. WOOLWICH TOWNSHIP JOINT LAND USE BOARD -- rank: 838

... comprehensive plan for the development of a planned development . . . ." 4 N.J.S.A. 40:55D-4. "The planned development shall be developed in accordance with the ... completion, or approval conditioned upon the posting of such guarantees. [ N.J.S.A. 40:55D-4.] Contrary to Ammons' argument, the language is clear concerning when ...

docket:	a4432-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-07
status:	Published
citation:
Document Size:	37134

15 Mary Harz v. Borough of Spring Lake -- rank: 824

... “in an administrative proceeding before a municipal agency.” N.J.S.A. 40:55D-4 (emphasis added). An interested party clearly includes a neighbor who ... under [the MLUL]” is an “interested party.” N.J.S.A. 40:55D-4; see also N.J. Const. art. I, ¶ 1 (guaranteeing ... affected” her right to use or enjoy her property. See N.J.S.A. 40:55D-4; Cox & Koenig § 26-1.1 at 559 (noting that ...

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