16 Results for [("N.J.S.A. 40:55d-63")]

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1 WILLIAM M. CAMPBELL v. BOROUGH OF NORTH PLAINFIELD -- rank: 1000

... this case hinges on the applicability of the protest provision, N.J.S.A. 40:55D-63, of the Municipal Land Use Law (MLUL), N.J.S ... all the members of the governing body of the municipality. [ N.J.S.A. 40:55D-63.] The creation of the R-9 ARC zone stemmed from ... with only the notice requirement. In Gallo , we determined that N.J.S.A. 40:55D-63 did not require personal notice where the zoning change was ... latter circumstances. Id. at 126. We commented: The language of N.J.S.A. 40:55D-63, providing for the public's right to notice and protest ... supermajority. The notice provision, embodied in the first sentence of N.J.S.A. 40:55D-63, was added to the protest provision of that section in ... this conclusion. The 1995 amendment adding the notice provision to N.J.S.A. 40:55D-63, s ee L. 1995, c. 249, § 1, also enacted ...

docket:	a0526-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-24
status:	published
citation:	404 N.J.Super. 337 961 A.2d 770
Document Size:	84009

2 PAULINE JENNINGS v. THE BOROUGHOF HIGLANDS, ET AL. -- rank: 961

... interplay of the long-established right to protest zoning amendments, N.J.S.A. 40:55D-63, now found in the Municipal Land Use Law (MLUL), N ... condominium unit owners as signatories to a protest petition under N.J.S.A. 40:55D-63 does not make the targeted zoning amendment subject to an ... 07. They drafted and circulated a protest petition pursuant to N.J.S.A. 40:55D-63 2 entitled, "Objection Petition to Proposed 'Zoning' Ordinance Amendment to ... petition was insufficient to trigger the super-majority requirement of N.J.S.A. 40:55D-63. The Borough proceeded to hire special counsel to advise it ... enough proper signatures pursuant to the criteria set forth in N.J.S.A. 40:55D-63 to account for twenty percent of the lots or land ... thereby insufficient to trigger the super-majority vote pursuant to N.J.S.A. 40:55D-63; and (3) "certifie[d] the passage of Ordinance O- ...

docket:	A0941-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	published
citation:	418 N.J. Super. 405 13 A.3d 911
Document Size:	63338

3 CORRINE GALLO, JOSEPH GALLO et al. v. MAYOR and TOWNSHIP COUNCIL OF LAWRENCE TOWNSHIP, LAWRENCE TOWNSHIP et al. -- rank: 855

... the proposed zoning change of the Development Parcel pursuant to N.J.S.A. 40:55D-63. See footnote 3 3 (We focus our attention on N ... statute. Our conclusions as to plaintiffs' right to notice under N.J.S.A. 40:55D-63. The language of N.J.S.A. 40:55D-63, providing for the public's right to notice and protest ... or addressed the 1995 amendments to the notice requirements of N.J.S.A. 40:55D-63 that took effect on September 12, 1995. Our first inquiry ... by N.J.S.A. 40:55D-62.1 and N.J.S.A. 40:55D-63. In both instances, the Legislature perceived the notice requirements and ... appeal from dismissal of these two counts. Footnote: 3 3 N.J.S.A. 40:55D-63, titled "Notice and protest" states in pertinent part: Notice ...

docket:	a2235-98
court:	njappellate
decided:	2000-02-10
status:	published
citation:	<a href=
Document Size:	27960

4 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 846

... Legislature intended to prohibit non-binding referenda. As defined by N.J.S.A. 40:55D-63, "protest referendum" refers not to the submission of a question ... mechanism for determining voter sentiment." Protest referenda, as authorized by N.J.S.A. 40:55D-63, are not votes by the electorate of a municipality within ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

5 S. MOUNTAIN HILL, LLC v. MIDDLETOWN TOWNSHIP -- rank: 846

... on its property. Mountain Hill filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed ordinance. At the public hearing on ... s thoughtful application of the rules of statutory construction of N.J.S.A. 40:55D-63 and her analysis of the policy reasons supporting that construction ... R.S. 40:55-35, the immediate statutory predecessor of N.J.S.A. 40:55D-63, read: In case of a protest against such proposed change ... it is apparent that the difference in the language between N.J.S.A. 40:55D-63 and other MLUL provisions does not arise from an intent ... that Middletown's interpretation is inconsistent with the purpose of N.J.S.A. 40:55D-63. The purpose of this provision of the MLUL "is to ...

docket:	A3148-01
court:	NJ Superior Court Appellate Division
decided:	2002-07-05
status:	published
citation:	353 N.J. Super. 57 801 A.2d 412
Document Size:	28228

6 S. MOUNTAIN HILL, LLC v. MIDDLETOWN TOWNSHIP -- rank: 846

docket:	A2637-01
court:	NJ Superior Court Appellate Division
decided:	2002-07-05
status:	published
citation:
Document Size:	28180

7 FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 772

... Memorial day. See R. 1:3-1. 6 Gallo addressed N.J.S.A. 40:55D-63, a provision that is parallel to N.J.S.A ...

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

8 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 772

... Memorial day. See R. 1:3-1. 6 Gallo addressed N.J.S.A. 40:55D-63, a provision that is parallel to N.J.S.A ...

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

9 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 766

... on its property. Mountain Hill filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed zoning ordinance." Mountain Hill I , supra ... PD zone. Mountain Hill again filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed ordinance. At the public hearing on ... mative votes [were] needed to carry the or-dinance under N.J.S.A. 40:55D-63. Following that discussion the vote was taken, with three votes ... J. Super. at 61. Middletown appealed and we held that N.J.S.A. 40:55D-63 requires that whenever there is a duly filed notice of ...

docket:	a2404-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-10
status:	published
citation:	403 N.J. Super. 146 958 A.2d 1
Document Size:	189355

10 ROBERT JAMES PACILLI HOMES, L.L.C. v. TOWNSHIP OF WOOLWICH, et al. -- rank: 759

... when a governing body proposes a classification or boundary change. N.J.S.A. 40:55D-63. In this appeal we are concerned only with section 62 ... located only in the R-1 and R-2 zones. N.J.S.A. 40:55D-63 requires personal notice of the hearing on an amendment to ...

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

11 WOOLWICH LANDOWNERS ASSOCIATION v. THE TOWNSHIP OF WOOLWICH -- rank: 759

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

12 JOSEPH COTLER, et al. v. TOWNSHIP OF PILESGROVE -- rank: 689

... S.A. 40:55D-62.1 and parallel provision of N.J.S.A. 40:55D-63 provided when changes to the classification or boundaries of a ...

docket:	A0092-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-06
status:	published
citation:	393 N.J. Super. 377 923 A.2d 338
Document Size:	47016

13 BEAZER HOMES CORPORATION v. TOWNSHIP OF EAST GREENWICH and EAST GREENWICH TOWNSHIP PLANNING BOARD -- rank: 663

... determined that the petition was valid and binding, pursuant to N.J.S.A. 40:55D-63. Because the protest was valid, a supermajority of the Township ... must provide notice of the hearing and opportunity for protest. N.J.S.A. 40:55D-63 states, in pertinent part: such amendment or revision shall not ... all the members of the governing body of the municipality. N.J.S.A. 40:55D-63. If there is no favorable vote of two-thirds of ...

docket:	A1962-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-05
status:	unpublished
citation:
Document Size:	36509

14 MOUNTAIN HILL, L.L.C. v. TOWNSHIP OF MIDDLETOWN -- rank: 641

... on its property. Mountain Hill filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed zoning ordinance. At the June 4 ... PD zone. Mountain Hill again filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed ordinance. At the public hearing on ... mative votes [were] needed to carry the or-dinance under N.J.S.A. 40:55D-63. Following that discussion the vote was taken, with three votes ... N.J. Super. at 59-61.] We then held that N.J.S.A. 40:55D-63 requires that an ordinance be passed by two-thirds of ...

docket:	A1328-05
court:	NJ Superior Court Appellate Division
decided:	2008-04-07
status:	published
citation:
Document Size:	99847

15 KENNETH GEWERTZ, et al. v. THE DIOCESE OF CAMDEN, et al. -- rank: 503

... to the adoption of Ordinance 0.20.02, pursuant to N.J.S.A. 40:55D-63, as it affected property known as Block 418, Lots 1 ... of the Diocese that operates nursing homes and the like. N.J.S.A. 40:55D-63 provides in pertinent part: A protest against any proposed amendment ...

docket:	A3980-03
court:	NJ Superior Court Appellate Division
decided:	2006-05-25
status:	unpublished
citation:
Document Size:	48936

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