Search Rutgers Law Library N.J. Court Opinions

1 BAYSHORE REGIONAL SEWERAGE AUTHORITY v. THE BOROUGH OF UNION BEACH -- rank: 1000

... the ordinance against BRSA's permitted project was preempted by N.J.S.A. 40:55D-66.12(c) of the Municipal Land Use Law, N.J ... small wind energy systems in the municipality, the Legislature enacted N.J.S.A. 40:55D-66.12, which established limitations on municipal regulation of the installation ... 10), asserting the ordinance conflicted with the statute. BRSA maintained N.J.S.A. 40:55D-66.12(c) preempted the ordinance and sought an order enjoining ... wind turbine. Following a hearing, the Law Division agreed, concluding N.J.S.A. 40:55D-66.12(c) preempted the ordinance. The judge denied Union Beach ... adjoining JCP&L property. The MLUL was amended to add N.J.S.A. 40:55D-66.12, which specifically established limits on municipal regulation of the ... local efforts to impede development of small wind energy projects. N.J.S.A. 40:55D-66.12(a) provides: Ordinances adopted by municipalities to regulate ...

docket:	a2086-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-03
status:	unpublished
citation:
Document Size:	43685

2 SACKMAN ENTERPRISES, INC v. MAYOR and COUNCIL OF THE BOROUGH OF BELMAR -- rank: 876

... to apply electric vehicle ('EV') parking credits, as required under N.J.S.A. 40:55D-66.20 ('the EV statute'), when determining a concept plan's ... space with EV equipment counts as two parking spaces under N.J.S.A. 40:55D-66.20(e), Sackman 1 The Municipal Land Use Law ('MLUL ... concept plan exceeded the ten percent maximum credits allowed under N.J.S.A. 40:55D- 66.20(f). In February 2022, Sackman submitted its fourth revised ... mutual housing, or mixed- use development. The operative language in N.J.S.A. 40:55D-66.20(a) states, '[a]s a condition of preliminary site ... the FAR requirements before applying the EV credit. We interpret N.J.S.A. 40:55D-66.20(a)(1)'s '[a]s a condition of preliminary ... on the EV statute in drafting their concept plan. IV. N.J.S.A. 40:55D-66.20(f) states, '[a]ll parking space calculations for ...

docket:	a1102-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-20
status:	Published
citation:
Document Size:	30368

3 HOPE AND COMFORT, A NEW JERSEY NON-PROFIT CORPORATION v. EGG HARBOR TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 737

... site plan application . . . as the [B]oard finds that although [ N.J.S.A. ] 40:55D-66.1 permits hospices to obtain the status of beneficial use ... set forth each sides' arguments. Plaintiff argued that pursuant to N.J.S.A. 40:55D-66.1, the hospice was deemed a single family dwelling, a ... the Ordinance applied. Judge Mendez reasoned that pursuant to both N.J.S.A. 40:55D-66.1, and the Ordinance, plaintiff did not need to obtain ... units located within such districts." Ibid. (emphasis added). Pursuant to N.J.S.A. 40:55D-66.2, plaintiff's project was a qualifying "'community residence for ... judge rejected the Board's contention that as used in N.J.S.A. 40:55D-66.1, the term "requirements" meant only "bulk requirements," such as ... to obtain site plan approval was "erroneous and inconsistent with N.J.S.A. 40:55D-66.1." This appeal followed. Before us, the Board reiterates ...

docket:	a4286-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-19
status:	Published
citation:
Document Size:	25301

4 IN THE MATTER OF THE COMMITMENT OF J.W. -- rank: 731

... prohibited by N.J.S.A. 30:11B-2 and N.J.S.A. 40:55D-66.2.”           N.J.S.A. 30:11B-2, the first ... insanity or unfit to be tried on a criminal charge.      N.J.S.A. 40:55D-66.1, the second statute on which the Law Division relied ... been found unfit to be tried on a criminal charge.” N.J.S.A. 40:55D-66.2.     CamCare, where the Ancora staff wanted to place J ... subject to N.J.S.A. 30:11B-2 or N.J.S.A. 40:55D-66.2. Consistently with that interpretation, the court ruled that J ... interpretation of N.J.S.A. 30:11B-2 and N.J.S.A. 40:55D-66.2, a person in the first category, one who has ... described in N.J.S.A. 30:11B-2 and N.J.S.A. 40:55D-66.2 are interpreted as the Law Division has interpreted ...

docket:	a6830-94
court:	njappellate
decided:	1996-03-06
status:	published
citation:	288 N.J.Super. 197
Document Size:	33413

5 636 INMAN, L.L.C. v. TOWNSHIP OF WOODBRIDGE ZONING BOARD OF ADJUSTMENT -- rank: 717

... plaintiff's expert planner misled the zoning board by citing N.J.S.A. 40:55D-66.5a in support of a determination that plaintiff's proposed ... 40:55D-70(d). The Law Division correctly concluded that N.J.S.A. 40:55D-66.5a is inapplicable to the facts of this case. Subsection ... neighborhoods." In pursuit of that public policy, the Legislature enacted N.J.S.A. 40:55D-66.5b, which provides that "[f]amily day care homes shall ... day care home" is specifically cross-referenced in the statute, N.J.S.A. 40:55D-66.5b(d), as meaning "a private residence in which child ...

docket:	a2997-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-05
status:	unpublished
citation:
Document Size:	41288

6 CONGREGATION ANSHEI ROOSEVELT v. PLANNING AND ZONING BOARD OF THE BOROUGH OF ROOSEVELT -- rank: 706

... the Board's decision violated the anti-discrimination provisions of N.J.S.A. 40:55D-66(b). We affirm. I. This case arose from a neighbor ... yeshiva use was protected by the anti-discrimination provisions of N.J.S.A. 40:55D-66(b), because the six rabbis who lived in the parsonage ... of applying for a variance did not constitute discrimination under N.J.S.A. 40:55D-66(b). According to that statute, "[n]o zoning ordinance governing ... permitted on the site under the anti-discrimination protections of N.J.S.A. 40:55D-66(b). We do not find plaintiffs' arguments to be persuasive ... such use would still be permitted on the site under N.J.S.A. 40:55D-66. We are not persuaded the statute is applicable here. N.J.S.A. 40:55D-66(b) provides: No zoning ordinance governing the use of ...

docket:	a1390-09
court:	superior court appellate division
decided:	2011-02-09
status:	unpublished
citation:
Document Size:	60630

7 180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 665

... reasons for its grant." Id. at 159-60. When enacting N.J.S.A. 40:55D-66.1, the Legislature underscored the inherently beneficial nature of a ... victims of domestic violence, including any children of such victims[.]" N.J.S.A. 40:55D-66.2b. Despite the size of plaintiff's proposed shelter, we ... appeared to be based on the fifteen person limitation from N.J.S.A. 40:55D-66.2b, defining a "community shelter for victims of domestic violence ... so that the development falls outside the protective scope of N.J.S.A. 40:55D-66.1, which would classify the community shelter for victims of ...

docket:	a6057-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-13
status:	unpublished
citation:
Document Size:	46627

8 180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 665

... reasons for its grant." Id. at 159-60. When enacting N.J.S.A. 40:55D-66.1, the Legislature underscored the inherently beneficial nature of a ... victims of domestic violence, including any children of such victims[.]" N.J.S.A. 40:55D-66.2b. Despite the size of plaintiff's proposed shelter, we ... appeared to be based on the fifteen person limitation from N.J.S.A. 40:55D-66.2b, defining a "community shelter for victims of domestic violence ... so that the development falls outside the protective scope of N.J.S.A. 40:55D-66.1, which would classify the community shelter for victims of ...

docket:	a4907-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-13
status:	unpublished
citation:
Document Size:	46627

9 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 628

... identifying solar or photovoltaic energy facilities as inherently beneficial uses); N.J.S.A. 40:55D-66.11 (stating "[a] renewable energy facility on a parcel or ...

docket:	a5124-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	89145

10 Rumson Estates, Inc. v. Mayor & Council of the Borough of Fair Haven et al. -- rank: 608

... no alteration of it would be permitted. For example, under N.J.S.A. 40:55D-66.1, community residences for the developmentally disabled, victims of domestic ...

docket:	a-159-01
court:	njsupreme
decided:	2003-08-05
status:
citation:	177 N.J. 338
Document Size:	75703

11 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, et al. v. BOROUGH OF BELMAR, et al. -- rank: 559

... N.J. Super. 197 , 207-08 (App. Div. 1996) (invalidating N.J.S.A. 40:55D-66.2, which prohibit a person found incompetent to stand trial ...

docket:	A2938-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1 777 A.2d 950
Document Size:	170470

12 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 559

... N.J. Super. 197 , 207-08 (App. Div. 1996) (invalidating N.J.S.A. 40:55D-66.2, which prohibit a person found incompetent to stand trial ...

docket:	A2941-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:
Document Size:	170594

13 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 559

... N.J. Super. 197 , 207-08 (App. Div. 1996) (invalidating N.J.S.A. 40:55D-66.2, which prohibit a person found incompetent to stand trial ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565

14 RAE SHIM & WASHINGTON WINES & LIQUORS, INC., ET AL., VS WASHINGTON TOWNSHIP PLANNING BOARD & TRENTON SEVENTH DAY ADVENTIST CHURCH -- rank: 550

... continued operation of, family day care homes in residential neighborhoods.         [ N.J.S.A. 40:55D-66.5a.] See also Assembly Mun. Gov't Comm., Statements to ...

docket:	a4689-95
court:	njappellate
decided:	1997-03-11
status:	published
citation:	298 N.J.Super. 395
Document Size:	46323

15 /usr/local/share/www/libweb/collections/courts/appellate/a2961-19.opn.html -- rank: 538

... family dwelling; community residences for the developmentally disabled pursuant to N.J.S.A. 40:55D-66.1; single-family detached residential clusters; municipal facilities operated by ...

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Document Size:	24462