Search Rutgers Law Library N.J. Court Opinions

1 Mary Harz v. Borough of Spring Lake -- rank: 1000

... papers constituting the record” of the appeal to the board, N.J.S.A. 40:55D- 72(a); (2) the board is empowered to “[h]ear ... Koenig § 26-1.1 at 559. To that end, N.J.S.A. 40:55D-72(a) specifically provides that “[a]ppeals to the board ... ordinance.” Cox & Koenig § 26-1.1 at 559. N.J.S.A. 40:55D-72(a) also sets forth the timeframe and process for filing ... papers constituting the record” of the appeal to the board, N.J.S.A. 40:55D-72(a); (2) the board is empowered to “[h]ear ... with a direct appeal to the Planning Board, pursuant to N.J.S.A. 40:55D-72(a). Instead, she filed in Monmouth County Superior Court an ... was remanded for further proceedings. The panel determined that, under N.J.S.A. 40:55D-72, Harz had a substantive right to appeal the issuance ...

docket:	a_48_16
court:	NJ Supreme Court
decided:	2018-06-26
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Document Size:	60356

2 388 ROUTE 22 READINGTON REALTY HOLDINGS, LLC v. TOWNSHIP OF READINGTON -- rank: 927

... municipal officials deprived her of the substantive right found in N.J.S.A. 40:55D-72, a provision of the MLUL, to a hearing on her ... the record upon which the action appealed from was taken. [N.J.S.A. 40:55D-72.] An 'interested party' is defined as 'any person, whether residing ... Harz filed an appeal of the third permit pursuant to N.J.S.A. 40:55D-72. After a three-day hearing, the Planning Board passed a ... her of her substantive rights under the NJCRA. She alleged N.J.S.A. 40:55D-72 and N.J.S.A. 40:55D-70(a) conferred ... affected' her right to use or enjoy her property. . . . Second, N.J.S.A. 40:55D-72(a) provides an 'interested party,' such as Harz the right ... render a decision on Harz's appeal within 120 days. N.J.S.A. 40:55D-72. [Id. at 334-35 (alterations in original).] In addition, ...

docket:	a1826-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-08
status:	Unpublished
citation:
Document Size:	114122

3 /usr/local/share/www/libweb/collections/courts/appellate/a5133-13.opn.html -- rank: 744

... to transmit the appeal to the Board promptly, pursuant to N.J.S.A. 40:55D-72. The same day, counsel separately wrote to the Borough Administrator ... Zahorsky to forward the appeal to the Board pursuant to N.J.S.A. 40:55D-72 and Borough of Spring Lake Code § 225-36A(1 ... to appeal the zoning permit to the Board pursuant to N.J.S.A. 40:55D-72 is a substantive right, which the Borough twice violated when ... the appeal is taken specifying the grounds of such appeal. [ N.J.S.A. 40:55D-72(a).] Once the notice is filed, the zoning officer is ... citizens a check on the power of municipal governing bodies, N.J.S.A. 40:55D-72(a) endows interested parties affected by a permit with a ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	46071

4 DEBRA SUZETTE GRIMM v. WALL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 741

... appeal is taken specifying the grounds of such appeal.[4] [ N.J.S.A. 40:55D-72(a) (emphasis added).] 'An interested party clearly includes a neighbor ... The twenty-day timeframe to appeal to a board under N.J.S.A. 40:55D- 72(a) 'was intended to provide a degree of assurance that ... change the fact she failed to exercise her right under N.J.S.A. 40:55D-72(a) to timely appeal from the grant of the August ... prerogative writs—would improperly nullify the time constraint provided under N.J.S.A. 40:55D-72(a). Further, we recognize that if we overlooked the time restrictions outlined under N.J.S.A. 40:55D-72(a), thereby circumventing the 5 See State v. Heisler, 422 ...

docket:	a3944-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	60973

5 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 729

... in the enforcement of the zoning ordinance or official map." N.J.S.A. 40:55D-72(a). Perlmutter indubitably was aware of this available forum because ...

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

6 /usr/local/share/www/libweb/collections/courts/appellate/a5958-12xx.opn.html -- rank: 729

... in the enforcement of the zoning ordinance or official map." N.J.S.A. 40:55D-72(a). Perlmutter indubitably was aware of this available forum because ...

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

7 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 729

... in the enforcement of the zoning ordinance or official map." N.J.S.A. 40:55D-72(a). Perlmutter indubitably was aware of this available forum because ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a1213-18.opn.html -- rank: 665

... was filed after the twenty- day appeal period established in N.J.S.A. 40:55D-72(a). On September 5, 2017, the Board dismissed the appeal ... well-established precedent that the twenty-day time period in N.J.S.A. 40:55D-72(a) begins to run when the 'interested person knew or ... IN ITS CONCLUSION THAT PLAINTIFF'S APPEAL WAS BARRED BY N.J.S.A. 40:55D-72(a). POINT III THE REQUIREMENT OF R. 4:69-5 ... the appeal is taken specifying the grounds of such appeal. . . . [N.J.S.A. 40:55D-72(a).] 'An interested party clearly includes a neighbor who is ... In Mullen, we held that the twenty-day period in N.J.S.A. 40:55D-72(a) did not commence because the municipal official failed to ...

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9 JOSEPH BERARDO v. CITY OF JERSEY CITY -- rank: 665

... J. Super. 85, 105 (App. Div. 2012) (stating, pursuant to N.J.S.A. 40:55D-72(a), 'the A-1342-21 24 interested party's right ...

docket:	a1342-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-14
status:	Published
citation:
Document Size:	47292

10 JONATHAN WISHNIA v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WARREN -- rank: 641

... fee to cover its costs associated with hearing appeals under N.J.S.A. �40:55D-72. The Board filed an answer and counterclaim. The board averred ...

docket:	a0883-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	40767

11 ANTONIO OLIVEIRA v. TOWNSHIP OF MAHWAH -- rank: 632

... 40:55D-70(a) within the twenty days permitted by N.J.S.A. 40:55D-72(a). See Mullen v. Ippolito Corp., 428 N.J. Super ... or determination to the zoning board of adjustment pursuant to N.J.S.A. 40:55D-72(a).' Ibid. 'Alternatively they may, pursuant to N.J.S ...

docket:	a3630-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34622

12 JOHN MULLEN v. THE IPPOLITO CORPORATION -- rank: 601

... A. 40:55D-70, within the time restrictions imposed by N.J.S.A. 40:55D-72. The trial court granted the municipal defendants' motion for summary ... or made in the enforcement of the zoning ordinance." Accordingly, N.J.S.A. 40:55D-72(a) requires "any interested party affected by any decision of ... 37 N.J. Super. 32 , 38 (App. Div. 1955). Under N.J.S.A. 40:55D-72(a), however, the interested party's right to seek appellate ...

docket:	a5823-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-10
status:	published
citation:	428 N.J.Super. 85 50 A.3d 673
Document Size:	65913

13 HISTORIC PAULUS HOOK ASSOCIATION v. THE ZONING BOARD OF ADJUSTMENT FOR THE CITY OF JERSEY CITY -- rank: 586

... appeal challenging the Zoning Officer's permitting actions pursuant to N.J.S.A. 40:55D-72. This finding reversed the Board of Adjustment's contrary conclusion ... Finally, in express recognition of the twenty-day limitation of N.J.S.A. 40:55D-72, the resolution stated: 8. The appellant should have known of ...

docket:	a4001-08
court:	superior court appellate division
decided:	2010-02-16
status:	Unpublished
citation:
Document Size:	77679

14 WILLIAM H. JOHNSON, JR v. DOWNE TOWNSHIP -- rank: 583

... right to appeal a zoning or land use determination. See N.J.S.A. 40:55D-72. Judge Farrell correctly reasoned that if the zoning permit had ... filed with the Board within the twenty days prescribed by N.J.S.A. 40:55D-72. There was substantial credible evidence presented, despite plaintiff's contentions ...

docket:	a4403-13
court:	NJ Superior Court Appellate Division
decided:	2016-12-07
status:	unpublished
citation:
Document Size:	39519

15 /usr/local/share/www/libweb/collections/courts/appellate/a2759-18.opn.html -- rank: 580

... waive the argument that defendants were statutorily time-barred under N.J.S.A. 40:55D- 72(a); second, that the controlling date upon which the Board ... contention that Ryan's application was time-barred pursuant to N.J.S.A. 40:55D-72(a). That provision, which applies to 'any decision of an ...

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