Search Rutgers Law Library N.J. Court Opinions

1 ERA SOUTH, LLC v. THE MAYOR AND COUNCIL OF THE CITY OF ENGLEWOOD -- rank: 1000

... if the assessment or award is sustained shall so order." N.J.S.A. 40:56-54. If the court rejects the order, then the board is ... of material fact obviates the need for a trial. See N.J.S.A. 40:56-54. However, in exercising its review, the court presumes that assessments ... evidence, that the challenged decision was not "just and fair." N.J.S.A. 40:56-54. B. Our decision on what constitutes a just and fair ... fact regarding whether the special assessments were "just and fair." N.J.S.A. 40:56-54. We are persuaded that the court prematurely granted summary judgment ... 27. The Court did not expressly limit the meaning of N.J.S.A. 40:56-54, which, again, empowers the court reviewing the municipal action to ... fronting Sterling Boulevard was neither just nor fair pursuant to N.J.S.A. 40:56-54 because they also enjoyed a special benefit from the ...

docket:	a0533-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	unpublished
citation:
Document Size:	104228

2 /usr/local/share/www/libweb/collections/courts/supreme/a-16-19.opn.html -- rank: 957

... decision was not ‘just and fair,’” quoting N.J.S.A. 40:56-54. We granted plaintiffs’ petition for certification. 239 N.J. 600 ... determine whether the assessment is “just and fair,” N.J.S.A. 40:56-54; see also 2nd Roc-Jersey Assocs. v. Town of Morristown ... the assessment . . . is a just and fair assessment,” see N.J.S.A. 40:56-54, after giving due regard to the presumption of validity that ...

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Document Size:	62652

3 RICHARD D. OROS & ET ALS VS TOWNSHIP OF BRIDGEWATER -- rank: 858

... thirty days after enactment of the resolution as required by N.J.S.A. 40:56-54. That statute, entitled "appeals from assessments and awards of incidental ... at his office or place of abode. See footnote 2 ��������[ N.J.S.A. 40:56-54.] ����Plaintiffs argue that they "substantially complied with the statute" by ... affecting the ultimate outcome. See footnote 4 ����Plaintiffs contend that N.J.S.A. 40:56-54 is procedural; that R. 4:69 governing prerogative writs therefore ... the prerogative writ of certiorari for failure to comply with N.J.S.A. 40:56-54. Holloway was decided after adoption of the 1947 Constitution and ... may be raised upon an appeal from an assessment under N.J.S.A. 40:56-54"). See footnote 6 Moreover, the case on which plaintiffs rely ... Paramus , 55 N.J. 62 (1969), does not refer to N.J.S.A. 40:56-54. While the successful challenge to the assessment there was ...

docket:	a2352-97
court:	njappellate
decided:	1998-11-20
status:	published
citation:	<a href=
Document Size:	19967

4 CAROL CRISPINO v. TOWNSHIP OF SPARTA -- rank: 596

... evidence, that the challenged decision was not 'just and fair.' N.J.S.A. 40:56-54. 4 Although N.J.S.A. 40:56-33 pertains ...

docket:	a3063-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-06
status:	Unpublished
citation:
Document Size:	22527

5 POTTERS INDUSTRIES, INC. v. BOROUGH OF CARLSTADT -- rank: 570

... within thirty days of the assessment's confirmation, pursuant to N.J.S.A. 40:56-54 and R. 4:69-6. Although the Borough acknowledges that ... that neither equitable estoppel nor laches should apply. Pursuant to N.J.S.A. 40:56-54, an owner of property that has been assessed because of ... 56-26, on the ground that it was untimely under N.J.S.A. 40:56-54. The plaintiffs did not allege that assessments were unconstitutional. Id ...

docket:	A3878-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-30
status:	unpublished
citation:
Document Size:	44126