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1 NEW JERSEY STATE LEAGUE OF MUNICIPALITIES VS DEPARTMENT OF COMMUNITY AFFAIRS, ET AL -- rank: 1000

... in any way limit the zoning power of any municipality." N.J.S.A. 40:55D-40.6. It is the latter provision which fuels appellants' primary contention ... in any way limit the zoning power of any municipality," N.J.S.A. 40:55D-40.6, they contend the regulations, as written, exceed the Act's ... regulations under attack. Were it not for the language of N.J.S.A. 40:55D-40.6, the scope would be indisputable. The language of N.J.S.A. 40:55D-40.6 that nothing contained in the Act shall in any way ... N.J. at 422.     Appellants rely on the literalism of N.J.S.A. 40:55D-40.6 and its "[n]othing contained in this act shall in ... c.     Beyond that, the promulgated regulations support the directive of N.J.S.A. 40:55D-40.6. In subchapter three, which provides for, among other things, ...

docket:	a3327-96
court:	njappellate
decided:	1998-03-16
status:	published
citation:	310 N.J.Super. 224
Document Size:	41547

2 League of Municipalities v. Department of Community Affairs -- rank: 945

... in any way limit the zoning power of any municipality." N.J.S.A. 40:55D-40.6.     The Act established an Advisory Board (the Board) to prepare ... the promulgation of the regulations. Relying on the language of N.J.S.A. 40:55D-40.6 that nothing in the regulations "shall in any way limit ... regulations were facially valid. In so holding, it found that N.J.S.A. 40:55D-40.6 was not violated because the Legislature had modified municipal zoning ... accept the League's literal interpretation of the language of N.J.S.A. 40:55D-40.6 that nothing contained in the Act can in any way ... App. Div. 1998). In so holding, the court found that N.J.S.A. 40:55D-40.6 was not violated because the Legislature “has modified but not ... accept the League's literal interpretation of the language of N.J.S.A. 40:55D-40.6 stating that “[n]othing contained in this Act shall ...

docket:	a-199-97
court:	njsupreme
decided:	1999-05-13
status:
citation:	158 N.J. 211
Document Size:	29131

3 NEW JERSEY TRANSIT CORPORATION v. MARY FRANCO -- rank: 725

... in any way limit the zoning power of any municipality." N.J.S.A. 40:55D-40.6. Similarly, "[n]othing contained in these rules shall be construed ...

docket:	a3802-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	published
citation:	447 N.J.Super. 361 148 A.3d 424
Document Size:	77241