Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/supreme/a-83-84-85-18.opn.html -- rank: 1000

... 2012. The court found that, under the plain terms of N.J.S.A. 40:55D-52(a), any zoning ordinance passed within two years of that ... protection against zoning requirement changes afforded to final approvals under N.J.S.A. 40:55D-52(a) does not apply. The City is mistaken in its ... 19-24) 2. The Court next considers the argument that N.J.S.A. 40:55D-52(a) exempts ordinances affecting public health and safety from its ... both Z- 263 and Z-264 to bar the Project. N.J.S.A. 40:55D-52(a) provides that “[t]he zoning requirements applicable to ... W’s preliminary approval, see id. at 2-4. Unlike N.J.S.A. 40:55D-52(a), N.J.S.A. 40:55D-10.5 explicitly ... years of its final approval under the MLUL pursuant to N.J.S.A. 40:55D-52(a) (Section 52(a)). Shipyard further contended that it ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	63444

2 CAPE JETTY, LLC, ET AL. VS. CAPE MAY PLANNING BOARD, ET AL. -- rank: 722

... Code § 417-6(G) because it was contrary to N.J.S.A. 40:55D- 52. We disagree. The MLUL 'authorizes a municipality to enact a ... date on which the resolution of final approval is adopted[.]' N.J.S.A. 40:55D-52(a). 'If the developer has followed the standards prescribed for ... before or after what would otherwise be the expiration date.' N.J.S.A. 40:55D-52(c). If 'final approval has expired before the date on ... except by an ordinance relating to public health and safety. N.J.S.A. 40:55D-52(a) guarantees this right for an additional two-year period ... for a one-year extension of the protective period. Under N.J.S.A. 40:55D-52(c), a developer may apply for an extension after expiration ... May City Code § 417-6(G) as preempted by N.J.S.A. 40:55D- 52. We disagree. In Aronowitz, the municipality's ordinance provided ...

docket:	a1418-22
court:	appellate
decided:	2024-04-04
status:	Unpublished
citation:
Document Size:	45892

3 MANALAPAN REALTY V. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN -- rank: 720

... two years from the effective date of site-plan approval. N.J.S.A. 40:55D-52.      Rule 2:9-1(a) controls proceedings on appeal prior ... because it would have protected Realty against future zoning amendments. N.J.S.A. 40:55D-52.     Nor did the provision in Rule 2:9-1(a ...

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

4 D.D. RESIDENTIAL LTD PARTNERSHIP - v. NEW JERSEY PINELANDS COMMISSION - -- rank: 678

... prior approvals, December 31, 1996. 3 The township ordinance, like N.J.S.A. 40:55D-52, permits extensions of approvals even when a request for an ... intended to be used in that manner. Subsection a of N.J.S.A. 40:55D-52 and the township ordinance provide routinely for a two-year ... substitute an extension of zoning and site plan approvals under N.J.S.A. 40:55D-52 and the ordinance for new approvals that were necessary because ... conclude, as did the Commission, that the Planning Board misapplied N.J.S.A. 40:55D-52 and township ordinance § 203-107 when it granted an ... 107 (Aug. 17, 1992), is essentially identical in wording to N.J.S.A. 40:55D-52. 2 By spring 2007, D.D. had purchased 20.5 ...

docket:	a1464-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	48882

5 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 660

... Administration § 15-5.2, p.379 (Gann 2011) (citing N.J.S.A. 40:55D-52(a)). See also Darst v. Blairstown Twp. Zoning Bd. of ... fees." However, those approvals vest only against zoning changes, see N.J.S.A. 40:55D-52, or "the general terms and conditions" of the approval, see ...

docket:	a0592-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-07
status:	unpublished
citation:
Document Size:	113285

6 FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 660

... Administration § 15-5.2, p.379 (Gann 2011) (citing N.J.S.A. 40:55D-52(a)). See also Darst v. Blairstown Twp. Zoning Bd. of ... fees." However, those approvals vest only against zoning changes, see N.J.S.A. 40:55D-52, or "the general terms and conditions" of the approval, see ...

docket:	a0591-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-07
status:	unpublished
citation:
Document Size:	113284

7 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 634

... be unreasonably withheld[;] 3. The period of protection afforded by N.J.S.A. 40:55D-52 as it relates to the Oldman[']s Bluff subdivision be ... extended the period of protection from zoning changes afforded by N.J.S.A. 40:55D-52 until a period "which shall run two years from the ... that N.J.S.A. 40:55D-54(a) and N.J.S.A. 40:55D-52(a) contemplate that there may be delays of up to ...

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

8 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 634

... be unreasonably withheld[;] 3. The period of protection afforded by N.J.S.A. 40:55D-52 as it relates to the Oldman[']s Bluff subdivision be ... extended the period of protection from zoning changes afforded by N.J.S.A. 40:55D-52 until a period "which shall run two years from the ... that N.J.S.A. 40:55D-54(a) and N.J.S.A. 40:55D-52(a) contemplate that there may be delays of up to ...

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

9 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 634

... be unreasonably withheld[;] 3. The period of protection afforded by N.J.S.A. 40:55D-52 as it relates to the Oldman[']s Bluff subdivision be ... extended the period of protection from zoning changes afforded by N.J.S.A. 40:55D-52 until a period "which shall run two years from the ... that N.J.S.A. 40:55D-54(a) and N.J.S.A. 40:55D-52(a) contemplate that there may be delays of up to ...

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

10 S. TOLL BROS., INC., et al. v. THE PLANNING BOARD TOWNSHIP OF MT. OLIVE, et al. -- rank: 629

... I talked about that in terms of the extension under [ N.J.S.A. 40:55D-52] with respect to the fact that this was an overall ... 242 N.J. Super. 1 , 3-4 (App. Div. 1990). N.J.S.A. 40:55D-52 authorizes extensions of the period of protection for a final ...

docket:	A2023-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-26
status:	unpublished
citation:
Document Size:	72220

11 S. TOLL BROS., INC., et al. v. THE PLANNING BOARD TOWNSHIP OF MT. OLIVE, et al. -- rank: 629

... I talked about that in terms of the extension under [ N.J.S.A. 40:55D-52] with respect to the fact that this was an overall ... 242 N.J. Super. 1 , 3-4 (App. Div. 1990). N.J.S.A. 40:55D-52 authorizes extensions of the period of protection for a final ...

docket:	A2836-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-26
status:	unpublished
citation:
Document Size:	72219

12 MICHAEL J. ROGERS v. HOLLAND TOWNSHIP PLANNING BOARD -- rank: 616

... the approval is immunized from changes in the zoning map. N.J.S.A. 40:55D-52(a). The developer may seek three additional one-year extensions ... in accordance with N.J.S.A. 40:55D-54. N.J.S.A. 40:55D-52(a). Addressing plaintiffs' argument that Blumberg's failure to file ... the approved plat will trigger the "protection period" provided by N.J.S.A. 40:55D-52(a). If a developer is thwarted through the inaction of ... by the applicant equitably tolls the protection periods accorded by N.J.S.A. 40:55D-52(a). See Darst v. Blairstown Twp. Zoning Bd. of Adjustment ...

docket:	a1607-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-31
status:	unpublished
citation:
Document Size:	32608

13 TOLL BROS., INC., et al. v. TOWNSHIP OF MOORESTOWN et al. -- rank: 601

... an extension on its final site plan approvals pursuant to N.J.S.A. 40:55D-52. Toll raised arguments under three of the subsections of this ...

docket:	A2537-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-18
status:	unpublished
citation:
Document Size:	92218

14 TOLL BROS., INC., et al. v. THE PLANNING BOARD OF THE TOWNSHIP OF POHATCONG, -- rank: 569

... protective period that attaches to a final subdivision application approval. N.J.S.A. 40:55D-52. Indeed, in recognition of the possibility of sectional approval, that ... final approval." N.J.S.A. 40:55D-52a.     But N.J.S.A. 40:55D-52 does not address the protection that may adhere to a ...

docket:	A3751-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-17
status:	published
citation:	359 N.J. Super. 448 820 A.2d 122
Document Size:	33338

15 SHIPYARD ASSOCIATES, LP v. CITY OF HOBOKEN -- rank: 518

... project that had already received final site plan approval. See N.J.S.A. 40:55D-52(a). The judge declined to read into N.J.S.A. 40:55D-52(a) an exception for later-adopted zoning amendments designed to ... final approval, a result contrary to the plain wording of N.J.S.A. 40:55D-52(a). A-1085-17T3 7 Moreover, even N.J.S ...

docket:	a1085-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-07
status:	Unpublished
citation:
Document Size:	15906