Search Rutgers Law Library N.J. Court Opinions

1 Township of Stafford v. Stafford Township Zoning Board of Adjustment and Hugh Schultz -- rank: 1000

... an applicant seeking certification of a nonconforming use, pursuant to N.J.S.A. 40:55D-68 (“Section 68"), must comply with the notice requirements of N ... administrative officer shall be appealable to the board of adjustment. [ N.J.S.A. 40:55D-68.]     Before asking a court for relief, any person whose application ...

docket:	a-78-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 62
Document Size:	52517

2 TUCKER M. KELLEY v. TOWNSHIP OF ROCKAWAY BOARD OF ADJUSTMENT -- rank: 932

... apartment constitutes an additional use. The Board stated that under N.J.S.A. 40:55D-68, a zoning officer is only authorized to grant preexisting status ... found that in 1999, Sanfilippo did not have authority under N.J.S.A. 40:55D-68 to approve the garage unit as a preexisting, nonconforming use ... had correctly determined that Sanfilippo did not have authority under N.J.S.A. 40:55D-68 to approve the garage unit as a preexisting, nonconforming use ... s legal determination that Sanfilippo did not have authority under N.J.S.A. 40:55D-68 to approve the garage unit as a preexisting, nonconforming use ... by finding that Sanfilippo did not have authority pursuant to N.J.S.A. 40:55D-68 to approve the garage unit as a valid preexisting, nonconforming ... nonconforming or at any time to the board of adjustment. [ N.J.S.A. 40:55D-68.] We are convinced the trial court correctly found that ...

docket:	a4471-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-28
status:	unpublished
citation:
Document Size:	39034

3 TOWNSHIP OF STAFFORD VS STAFFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT & HUGH SCHULTZ -- rank: 913

... 1959).     The MLUL expressly addresses nonconforming uses in two sections, N.J.S.A. 40:55D-68 See footnote 1 and N.J.S.A. 40:55D ... the legality of a pre-existing nonconforming use pursuant to N.J.S.A. 40:55D-68 and -70b is not expressly included within N.J.S ... s right to reapply to the zoning board pursuant to N.J.S.A. 40:55D-68 and -70b. Footnote: 1         Any nonconforming use or structure existing ... 40-55D-72a. The letter was not issued pursuant to N.J.S.A. 40-55D-68. It was not a decision, but rather simply a threat ...

docket:	a6404-95
court:	njappellate
decided:	1997-03-31
status:	published
citation:	299 N.J.Super. 188
Document Size:	27839

4 DANIEL MOTLEY v. BOROUGH OF SEASIDE PARK ZONING BOARD OF ADJUSTMENT -- rank: 874

... court's decision to nullify the stop work order because N.J.S.A. 40:55D-68 allows a nonconforming structure to be rebuilt only if it ... destruction" of the property. That ordinance provision is consistent with N.J.S.A. 40:55D-68, which provides in pertinent part: Any nonconforming use or structure ... order. 6 In the alternative, plaintiff argues that, even if N.J.S.A. 40:55D-68 is read to not authorize his reconstruction of the premises ... J. 205 (1988). As we have noted, the relevant statute, N.J.S.A. 40:55D-68, provides that a nonconforming use or structure "may be restored ... Div. 2004). The term "partial destruction" is not defined by N.J.S.A. 40:55D-68, nor is the reciprocal concept of "total destruction." Prior cases ... J.S.A. 40:55-48, the statutory precursor to N.J.S.A. 40:55D-68. Ibid. On appeal in Lacey , we held that the ...

docket:	a3214-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	published
citation:	430 N.J.Super. 132 62 A.3d 908
Document Size:	59997

5 DEG, LLC v. Township of Fairfield, et al. -- rank: 800

... acknowledging its entitlement to a certificate of nonconforming use under N.J.S.A. 40:55D-68 in the event of the enactment of a new zoning ... which DEG is permitted to operate the Store, pursuant to N.J.S.A. 40:55D-68, DEG shall apply for, and [Fairfield's] Zoning Official shall ... an interested party must comply with the procedure detailed in N.J.S.A. 40:55D-68, which provides: Any nonconforming use or structure existing at the ... effect in Fairfield. To be sure, the protection afforded by N.J.S.A. 40:55D-68 insulates the pre-existing use only from a new zoning ... whether the township had standing to challenge an application under N.J.S.A. 40:55D-68 where the prior use had been sporadic. Id. at 48 ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229 966 A.2d 102
Document Size:	136626

6 DEG, LLC v. Township of Fairfield, et al. -- rank: 800

... acknowledging its entitlement to a certificate of nonconforming use under N.J.S.A. 40:55D-68 in the event of the enactment of a new zoning ... which DEG is permitted to operate the Store, pursuant to N.J.S.A. 40:55D-68, DEG shall apply for, and [Fairfield’s] Zoning Official shall ... an interested party must comply with the procedure detailed in N.J.S.A. 40:55D-68, which provides: Any nonconforming use or structure existing at the ... effect in Fairfield. To be sure, the protection afforded by N.J.S.A. 40:55D-68 insulates the pre-existing use only from a new zoning ... whether the township had standing to challenge an application under N.J.S.A. 40:55D-68 where the prior use had been sporadic. Id. at 48 ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229
Document Size:	114216

7 BERKELEY SQUARE ASSOCIATION, INC v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF TRENTON -- rank: 797

... 1994) (upholding denial of permit under "subjective" and "objective" tests). N.J.S.A. 40:55D-68 provides: Any nonconforming use or structure existing at the time ... Belleville , 83 N.J. at 315). However, in light of N.J.S.A. 40:55D-68 it is "well-settled that non-conforming uses or structures ... App. Div. 1979), certif. denied , 85 N.J. 99 (1980)). N.J.S.A. 40:55D-68 "expressly protects a vested right by permitting a pre-existing ... In DEG , the Supreme Court noted that the protection of N.J.S.A. 40:55D-68 regarding pre-existing nonconforming uses has "constitutional implications." DEG , supra , 198 N.J. at 271. Defendant points out that N.J.S.A. 40:55D-68 speaks "solely to the establishment of the existence of the ... proof when the issue is the abandonment of a use. N.J.S.A. 40:55D-68 expressly places the burden of proof upon an applicant ...

docket:	a2389-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-27
status:	published
citation:	410 N.J. Super. 255 981 A.2d 127
Document Size:	69122

8 Paruszewski v. Township of Elsinboro -- rank: 794

... and decide appeals" of decisions by the municipal zoning officer. N.J.S.A. 40:55D-68 ("Section 68"); N.J.S.A. 40:55D-20.     The ...

docket:	a-54-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 45
Document Size:	51296

9 Donald Nuckel v. Borough of Little Ferry -- rank: 787

... upon the lot or in the structure so occupied.” N.J.S.A. 40:55D-68. However, because of their incompatibility with the “objectives of ... the lot . . . so occupied .” Id. at 326-27 (quoting N.J.S.A. 40:55D-68) (internal quotation marks omitted). Here, Lot 11 is not to ...

docket:	A-3-10
court:	NJ Supreme Court
decided:	2011-06-16
status:
citation:
Document Size:	87148

10 The Stop & Shop Supermarket Company v. The Board of Adjustment of the Township of Springfield -- rank: 762

... of the statutory protection afforded to non conforming accessory structures, N.J.S.A. 40:55D-68, merely because of a change from one permitted primary use ... be protected by the MLUL as a nonconforming use. See N.J.S.A. 40:55D-68. V     We reverse the judgment of the Appellate Division and ... of the ordinance which rendered the use or structure nonconforming.” N.J.S.A. 40:55D-68. The second type of non-conforming use arises when a ... when an applicant seeks a certificate of non-conformity under N.J.S.A. 40:55D-68 and there exists a concern about the need to protect ...

docket:	a-92-98
court:	njsupreme
decided:	2000-02-09
status:
citation:	162 N.J. 418
Document Size:	83979

11 MAGDIMI KHAIL v. GLENN P.W. LAURITSEN -- rank: 755

... and Land Use Administration §27-1.1 (2018). However, N.J.S.A. 40:55D-68 permits the restoration or repair of a nonconforming structure in ... enactment of the statute' as it is not defined in N.J.S.A. 40:55D-68. Cox & Koeing, §27-4; accord Motley, 430 N.J ... support of this contention, plaintiffs point to the language of N.J.S.A 40:55D- 68, which states: 'Any nonconforming use or structure existing at the ... extinguished.' This distinction is not reflected in the language of N.J.S.A. 40:55D-68. Nonetheless, we reach the same result by applying the definition ... this definition, distinct floors are considered separate structures. Consequently, under N.J.S.A. 40:55D-68, the upper levels of Building 11 are considered independent 'structures ...

docket:	a4269-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	86010

12 UNITED ADVERTISING CORPORATION v. HOWELL TOWNSHIP PLANNING BOARD -- rank: 749

... of a pre-existing non-conforming use status pursuant to N.J.S.A. 40:55D-68; filing an appeal to the Zoning Board during the hearing ... d); and is authorized to issue non-conforming use certifications, N.J.S.A. 40:55D-68; see also , Paruszewski , supra , 154 N.J. at 54. This ...

docket:	a3014-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-04
status:	unpublished
citation:
Document Size:	32832

13 CONSTANTINE MATTHEWS v. CHARLES EHRMANN -- rank: 739

... been prohibited by the subsequent enactment of a zoning ordinance. N.J.S.A. 40:55D-68. In that regard, the MLUL states: Any nonconforming use or ... restored or repaired in the event of partial destruction thereof. [N.J.S.A. 40:55D-68.] The MLUL also authorizes any 'person interested in any land ... nonconforming or at any time to the board of adjustment. [N.J.S.A. 40:55D-68.] A-1868-17T4 14 The exclusive method of protecting a ... a nonconforming use lies with the party asserting the use. N.J.S.A. 40:55D-68; Berkeley Square Ass'n, Inc. v. Zoning Bd. of Adjustment ... nonconforming is to apply for a certificate in accordance with N.J.S.A. 40:55D- 68. See Twp. of Stafford, 154 N.J. at 69 ('Before ...

docket:	a1868-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	34339

14 FREDERICK WATERS V. TWP OF GALLOWAY -- rank: 729

... that determined they had a valid prior nonconforming use, see N.J.S.A. 40:55D-68, to claim entitlement to proceed with the improvements they proposed ... Plaintiffs mislabeled their application. It should have been submitted under N.J.S.A. 40:55D-68. See Poulathas v. Atlantic City Zoning Bd. of Adjustment , 282 ... on prior nonconforming uses, is embodied in the MLUL under N.J.S.A. 40:55D-68 and defined by N.J.S.A. 40:55D-5 ...

docket:	a1244-93
court:	njappellate
decided:	1995-12-27
status:	published published
citation:	286 N.J.Super. 222
Document Size:	49766

15 new jersey SCHOOLS CONSTRUCTION CORPORATION v. WARMINSTER INVESTMENTS CORPORATION -- rank: 723

... the Town's ordinance or the Municipal Land Use Law, N.J.S.A. 40:55D-68. Judge Costello disagreed. She found that Warminster's expert planner ... Therefore, she barred Kolling from providing such testimony. Relying on N.J.S.A. 40:55D-68, the judge determined that due to the planned conversion of ... 6). The judge was correct in ruling that, pursuant to N.J.S.A. 40:55D-68, once the property's non-conforming principal industrial use is ... to a conforming residential use, then the "grandfathering" provisions of N.J.S.A. 40:55D-68 cease to apply. Although a property owner may continue a ... Her refusal to bar his testimony was therefore correct. Affirmed. N.J.S.A. 40:55D-68 provides: Any nonconforming use or structure existing at the time ... structure nonconforming. The applicant shall have the burden of proof. [ N.J.S.A. 40:55D-68.] See Zoning Ordinance of West New York, § 414-102H( ...

docket:	a5319-07
court:	superior court appellate division
decided:	2009-10-16
status:	Unpublished
citation:
Document Size:	71148