Search Rutgers Law Library N.J. Court Opinions

1 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 1000

... N.J.S.A. 40:55D-3. We begin with N.J.S.A. 40:55D-43, titled "Standards for the establishment of open space organization." Though ... must also include: "[p]rovisions ensuring . . . [r]eservation pursuant to [ N.J.S.A. 40:55D-43] of any open space to be set aside for use ... of the owners or residents in such development subject to [ N.J.S.A. 40:55D-43]; (3) Setting forth how the amount and location of any ... for common open space use shall be secured subject to [ N.J.S.A. 40:55D-43]; . . . . (5) Setting forth any requirement that the approval by the ... set aside for public use, or the specific language of N.J.S.A. 40:55D-43, which permits set-asides for common open space without compensation ...

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

2 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 996

... N.J.S.A. 40:55D-3. We begin with N.J.S.A. 40:55D-43, titled "Standards for the establishment of open space organization." Though ... must also include: "[p]rovisions ensuring . . . [r]eservation pursuant to [ N.J.S.A. 40:55D-43] of any open space to be set aside for use ... of the owners or residents in such development subject to [ N.J.S.A. 40:55D-43]; (3) Setting forth how the amount and location of any ... for common open space use shall be secured subject to [ N.J.S.A. 40:55D-43]; . . . . (5) Setting forth any requirement that the approval by the ... set aside for public use, or the specific language of N.J.S.A. 40:55D-43, which permits set-asides for common open space without compensation ...

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

3 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 934

... liability. He opined that the procedural and substantive provisions of N.J.S.A. 40:55D-43 should apply, which require notice of deficiency, hearings and pro ... a Planned Real Estate Development' thus triggering the provisions of N.J.S.A. 40:55D-43 setting forth standards for the establishment of an open space ... costs is through the notice, entry and assessment provisions of N.J.S.A. 40:55D-43. The Township's counsel asserts that Oldman's Bluff Development ... any time during the approval process. A plain reading of N.J.S.A. 40:55D-43 requires that there be a concomitant ordinance pursuant to said ... 26A-12 (as to sewer charges). For developments subject to N.J.S.A. 40:55D-43 (Standards for the Establishment of Open Space Organization), if it ... did not constitute planned developments falling within the ambit of N.J.S.A. 40:55D-43, because the developments did not contain the acreage required ...

docket:	a3301-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

4 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 934

... liability. He opined that the procedural and substantive provisions of N.J.S.A. 40:55D-43 should apply, which require notice of deficiency, hearings and pro ... a Planned Real Estate Development' thus triggering the provisions of N.J.S.A. 40:55D-43 setting forth standards for the establishment of an open space ... costs is through the notice, entry and assessment provisions of N.J.S.A. 40:55D-43. The Township's counsel asserts that Oldman's Bluff Development ... any time during the approval process. A plain reading of N.J.S.A. 40:55D-43 requires that there be a concomitant ordinance pursuant to said ... 26A-12 (as to sewer charges). For developments subject to N.J.S.A. 40:55D-43 (Standards for the Establishment of Open Space Organization), if it ... did not constitute planned developments falling within the ambit of N.J.S.A. 40:55D-43, because the developments did not contain the acreage required ...

docket:	a4226-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126533

5 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 934

... liability. He opined that the procedural and substantive provisions of N.J.S.A. 40:55D-43 should apply, which require notice of deficiency, hearings and pro ... a Planned Real Estate Development' thus triggering the provisions of N.J.S.A. 40:55D-43 setting forth standards for the establishment of an open space ... costs is through the notice, entry and assessment provisions of N.J.S.A. 40:55D-43. The Township's counsel asserts that Oldman's Bluff Development ... any time during the approval process. A plain reading of N.J.S.A. 40:55D-43 requires that there be a concomitant ordinance pursuant to said ... 26A-12 (as to sewer charges). For developments subject to N.J.S.A. 40:55D-43 (Standards for the Establishment of Open Space Organization), if it ... did not constitute planned developments falling within the ambit of N.J.S.A. 40:55D-43, because the developments did not contain the acreage required ...

docket:	a3271-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

6 TOWNSHIP OF READINGTON v. WILMARK BUILDING CONTRACTORS, INC -- rank: 803

... noted that the Township had conceded that its ordinances violated N.J.S.A. 40:55D-43(a), which "allow[s] for open space to be dedicated ... aside. N.J.S.A. 40:55D-39(c)(2); N.J.S.A. 40:55D-43. What cannot be required is an automatic dedication of that ... be owned and maintained by the residents of the development. N.J.S.A. 40:55D-43. This Court has already found the township ordinance requiring a ... denying summary judgment to defendants. The court first noted that N.J.S.A. 40:55D-43(a) expressly prohibited municipalities from requiring "as a condition of ... it, and then there would have been no violation of N.J.S.A. 40:55D-43(a). Defendants reason that until the dedication was accepted, neither ...

docket:	a4200-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-18
status:	unpublished
citation:
Document Size:	48338

7 New Jersey Shore Builders Association v. Township of Jackson -- rank: 557

... Use Law (MLUL) that include preservation of open space, see N.J.S.A. 40:55D-43, -45. After due consideration of each of those arguments, we ... its preservation among the enumerated purposes of the MLUL, see N.J.S.A. 40:55D-43, -45, but made no similar grant of authority relating to ...

docket:	a-51-08
court:
decided:	2009-06-25
status:
citation:	199 N.J. 449 972 A.2d 1151
Document Size:	54323

8 HERITAGE WOODS HOMEOWNERS ASSOCIATION, INC. v. LEONARD A. WISNIEWSKI et al. -- rank: 472

... J., UNIFORM DEVELOPMENT ORDINANCE §32 (1995). This provision implements N.J.S.A. 40:55D-43 of the MLUL. Rather, defendants challenged the standing of the ...

docket:	a5976-05
court:	njappellate
decided:	2007-08-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	58585