Search Rutgers Law Library N.J. Court Opinions

1 ROBERT JAMES PACILLI HOMES, L.L.C. v. TOWNSHIP OF WOOLWICH, et al. -- rank: 1000

... within three residential zones triggered the personal notice requirement of N.J.S.A. 40:55D-62.1. We hold that, given the breadth and impact on development ... reading. It is undisputed that certified mail notice pursuant to N.J.S.A. 40:55D-62.1 was not provided prior to the first reading. Following the ... challenging the amended ordinance. In Count One, it asserted that N.J.S.A. 40:55D-62.1 required certified mail notice of the proposed amendments to all ... to provide notice of the proposed amendment was contrary to N.J.S.A. 40:55D-62.1. In Count Two, the WLA asserted that the Township Committee ... zones were so substantial that the personal notice provision of N.J.S.A. 40:55D-62.1 was triggered. The Township responded that the amended ordinance did ... this appeal we are concerned only with section 62.1. N.J.S.A. 40:55D-62.1 directs that all property owners within a zoning district ...

docket:	a3622-05
court:	njappellate
decided:	2007-07-05
status:	published
citation:	394 N.J. Super. 319
Document Size:	99096

2 WOOLWICH LANDOWNERS ASSOCIATION v. THE TOWNSHIP OF WOOLWICH -- rank: 988

... within three residential zones triggered the personal notice requirement of N.J.S.A. 40:55D-62.1. We hold that, given the breadth and impact on development ... reading. It is undisputed that certified mail notice pursuant to N.J.S.A. 40:55D-62.1 was not provided prior to the first reading. Following the ... challenging the amended ordinance. In Count One, it asserted that N.J.S.A. 40:55D-62.1 required certified mail notice of the proposed amendments to all ... to provide notice of the proposed amendment was contrary to N.J.S.A. 40:55D-62.1. In Count Two, the WLA asserted that the Township Committee ... zones were so substantial that the personal notice provision of N.J.S.A. 40:55D-62.1 was triggered. The Township responded that the amended ordinance did ... this appeal we are concerned only with section 62.1. N.J.S.A. 40:55D-62.1 directs that all property owners within a zoning district ...

docket:	A3818-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-05
status:	published
citation:	394 N.J. Super. 319 926 A.2d 412
Document Size:	101857

3 CONCERNED CITIZENS OF LIVINGSTON v. TOWNSHIP OF LIVINGSTON -- rank: 912

... three counts, alleging violation of: (1) the notice requirements of N.J.S.A. 40:55D-62.1; (2) the prohibition on spot 4 A-4171-15T3 zoning ... J. Super. 319 (App. Div. 2007), 'the notice provisions of N.J.S.A. 40:55D-62.1 [we]re triggered, requiring certified mail notices to property owners ... notice requirements for certain ordinances. 6 A-4171-15T 3 N.J.S.A. 40:55D-62.1 'directs that all property owners within a zoning district shall ... his address as shown on the said current tax duplicate. [ N.J.S.A. 40:55D-62.1 (emphasis added).] It is undisputed the Council did not serve ... Township Committee was required to follow the notice requirements of N.J.S.A. 40:55D-62.1,' and as it did not, the ordinance was 'invalid.' Id ... 1 zone. Ibid. Because the Ordinance worked a classification change, N.J.S.A. 40:55D-62.1 required certified mail notices to property owners within the ...

docket:	a4171-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	unpublished
citation:
Document Size:	107734

4 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 910

... further consideration of the proposal. The judge also found that N.J.S.A. 40:55D-62.1 did not require the Township to send personal notice of ... 49-2.1(a), and that the personal notice satisfied N.J.S.A. 40:55D-62.1. For the reasons that follow, we agree with the judge ... N.J.S.A. 40:49-2.1(a) and N.J.S.A. 40:55D-62.1. At a minimum, municipalities must substantially comply with statutory published ... was not required in connection with Ordinance 15-03 because N.J.S.A. 40:55D-62.1 applies only "to two events—classification changes and boundary changes ... N.J.S.A. 40:49-2.1(a) and N.J.S.A. 40:55D-62.1 are applicable. The published notice's "brief summary" for this ... be re-zoned. Thus, the personal notice substantially complied with N.J.S.A. 40:55D-62.1 by providing the nature of the matter to be ...

docket:	a1218-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	103093

5 QUICK CHEK CORPORATION v. HOWELL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 907

... Zimmerman opined that the Township was required to comply with N.J.S.A. 40:55D-62.1, which requires notice to all owners within a zoning district ... classification of the HD-3 zone within the meaning of N.J.S.A. 40:55D-62.1. Zimmerman explained that before the ordinance was adopted, the "classification ... body could not pass a zoning amendment without complying with N.J.S.A. 40:55D-62.1, although he later clarified, on cross-examination, that that it ... changes in classification that would necessitate the notice requirements of N.J.S.A. 40:55D-62.1. He concluded that Ordinance 0-11-47 was not validly ... a zoning district without complying with the notice provision of N.J.S.A. 40:55D-62.1, Ordinance No. 0-11-47 is invalid as a matter ... s opinion on the meaning of "classification" as used in N.J.S.A. 40:55D-62.1 was entitled to no deference from the trial court, ...

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

6 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 896

... we conclude that Ordinance 2007-8 does not affect plaintiff. N.J.S.A. 40:55D-62.1 provides that: Notice of a hearing on an amendment to ... N.J. Super. at 126. We eschew the suggestion that N.J.S.A. 40:55D-62.1 and -89 should apply differently to large municipalities as opposed ... A. 40:55D-63, a provision that is parallel to N.J.S.A. 40:55D-62.1, in terms of its notice requirement. Gallo , supra , 328 N ...

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

7 FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 896

... we conclude that Ordinance 2007-8 does not affect plaintiff. N.J.S.A. 40:55D-62.1 provides that: Notice of a hearing on an amendment to ... N.J. Super. at 126. We eschew the suggestion that N.J.S.A. 40:55D-62.1 and -89 should apply differently to large municipalities as opposed ... A. 40:55D-63, a provision that is parallel to N.J.S.A. 40:55D-62.1, in terms of its notice requirement. Gallo , supra , 328 N ...

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

8 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 867

... that Ordinance 05-043 thus triggered MLUL public notice requirements, N.J.S.A. 40:55D-62.1, which Manchester failed to satisfy. However, Perlmutter argues that instead ... as permitted in the particular zones." Furthermore, in relying upon N.J.S.A. 40:55D-62.1 to invalidate Ordinance 05-043, the trial court found that ...

docket:	a2958-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

9 /usr/local/share/www/libweb/collections/courts/appellate/a5958-12xx.opn.html -- rank: 867

... that Ordinance 05-043 thus triggered MLUL public notice requirements, N.J.S.A. 40:55D-62.1, which Manchester failed to satisfy. However, Perlmutter argues that instead ... as permitted in the particular zones." Furthermore, in relying upon N.J.S.A. 40:55D-62.1 to invalidate Ordinance 05-043, the trial court found that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	94701

10 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 867

... that Ordinance 05-043 thus triggered MLUL public notice requirements, N.J.S.A. 40:55D-62.1, which Manchester failed to satisfy. However, Perlmutter argues that instead ... as permitted in the particular zones." Furthermore, in relying upon N.J.S.A. 40:55D-62.1 to invalidate Ordinance 05-043, the trial court found that ...

docket:	a2814-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

11 ROCKAWAY SHOPRITE ASSOCIATES INC v. CITY OF LINDEN -- rank: 851

... notice was a prerequisite for the zoning changes proposed under N.J.S.A. 40:55D-62.1. Indeed, the mailed notice provided no further information and failed ... either N.J.S.A. 40:49-2.1 or N.J.S.A. 40:55D-62.1. 2 The notice of amendatory zoning ordinance, Ordinance 53-10 ... PCD district not to exceed forty-five feet. 2 Under N.J.S.A. 40:55D-62.1, mailed notices must state: A notice pursuant to this section ...

docket:	a1345-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-14
status:	published
citation:	424 N.J. Super. 337 37 A.3d 1143
Document Size:	62997

12 Richard Grabowsky v. Township of Montclair -- rank: 837

... municipality proposes a classification or boundary change to a district, N.J.S.A. 40:55D-62.1 mandates notice, at least ten days prior to the hearing ...

docket:	A-53-13
court:	NJ Supreme Court
decided:	2015-06-15
status:
citation:	221 N.J. 536 115 A.3d 815
Document Size:	101462

13 MAHWAH REALTY ASSOCIATES, INC v. TOWNSHIP OF MAHWAH, -- rank: 834

... requiring compliance with the MLUL 1 notice provisions contained in N.J.S.A. 40:55D-62.1, and, if so, whether that statute requires notice that includes ... in classification, but reverse the judgment invalidating the ordinance because N.J.S.A. 40:55D-62.1 requires only identification of the zoning districts affected by the ... arguing that Mahwah failed to give the notice required by N.J.S.A. 40:55D-62.1. Mahwah cross-moved for partial summary judgment, seeking the dismissal ... of the effected zones, thereby triggering the notice requirements of N.J.S.A. 40:55D-62.1. In addition, the judge held that Mahwah was required -- but ... of this proposed classification change in the manner required by N.J.S.A. 40:55D-62.1. Consequently, summary judgment was entered in favor of plaintiffs; the ... if it does, the notice to property owners conformed to N.J.S.A. 40:55D-62.1. We reject the first argument and agree with the ...

docket:	a4360-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-15
status:	published
citation:	430 N.J.Super. 247 63 A.3d 1217
Document Size:	40108

14 REALTY SITES v. TOWNSHIP OF CLARK -- rank: 828

... the court heard further argument on the issue of whether N.J.S.A. 40:55D-62.1 required the Township to provide affected property owners with personal ... court issued a written opinion in which it concluded that N.J.S.A. 40:55D-62.1 required the Township to provide affected property owners with notice ... ordinance was invalid. The court found that the exemption in N.J.S.A. 40:55D-62.1 for zoning changes adopted as a result of a periodic ... that was substantially equivalent to the actual notice required by N.J.S.A. 40:55D-62.1 to give affected property owners personal notice of the proposed ... S.A. 40:55D-89d. The MLUL further provides in N.J.S.A. 40:55D-62.1 that: Notice of a hearing on an amendment to the ... is the subject of the hearing. [Emphasis added.] We considered N.J.S.A. 40:55D-62.1 in Gallo v. Mayor and Twp. Council of Lawrence ...

docket:	a2381-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-05
status:	unpublished
citation:
Document Size:	55606

15 FULTON'S LANDING, INC v. BOROUGH OF SAYREVILLE -- rank: 797

... PROVIDE PERSONAL NOTICE OF ORDINANCE 177-12 TO PLAINTIFF VIOLATED N.J.S.A. 40:55D-62.1 AND RENDERED THE ORDINANCE INEFFECTIVE AND VOID AS TO PLAINTIFF ... that therefore, plaintiff was not entitled to personal notice under N.J.S.A. 40:55D-62.1. The judge entered an order granting defendants' motion to dismiss ... to a zoning ordinance, and personal notice was required under N.J.S.A. 40:55D-62.1. Plaintiff argues that defendants' failure to provide statutory notice voids ... personal notice of the adoption of Ordinance 177-12 under N.J.S.A. 40:55D-62.1. The Proposed Amendment to the Master Plan that resulted in ... therefore, plaintiff was not entitled to personal notice. We disagree. N.J.S.A. 40:55D-62.1 provides: Notice of a hearing on an amendment to the ... reexamination of the master plan at least every ten years. N.J.S.A. 40:55D-62.1. The Legislature determined that individual notice is rendered superfluous ...

docket:	a0873-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-19
status:	unpublished
citation:
Document Size:	61592