Search Rutgers Law Library N.J. Court Opinions

1 Ramapo River Reserve Homeowners Ass'n., Inc. v. Borough of Oakland -- rank: 1000

... certain enumerated services to a statutorily defined “qualified private community.” N.J.S.A. 40:67-23.2e and -23.3.     Pursuant to the provisions of the ... to provide or pay for the municipal services enumerated in N.J.S.A. 40:67-23.3 until such time as the developer’s control of ... against a municipality delegating any of its service obligations under N.J.S.A. 40:67-23.3 to a developer pursuant to a valid development agreement ... conclusion that any delegation of the municipality’s obligations under N.J.S.A. 40:67-23.3 would be void as against public policy. Because it ... to provide or pay for the municipal services enumerated in N.J.S.A. 40:67-23.3. The scope of that delegation not only must be limited to the specific municipal services enumerated in N.J.S.A. 40:67-23.3 are delegable, the Borough is still entitled to ...

docket:	a-135-04
court:	njsupreme
decided:	2006-03-13
status:
citation:	*CITE_PENDING*
Document Size:	65775

2 BRIARGLEN II CONDOMINIUM ASSOCIATION, INC. v. TOWNSHIP OF FREEHOLD, -- rank: 800

... J.A.D.     This appeal raises the issue of whether N.J.S.A. 40:67-23.3 is construed to require reimbursement for such services, the ... to the developer of the condominium project. We conclude that N.J.S.A. 40:67-23.3, once the condominium met the statutory definition of a ... the performance bonds are released. Defendant asserted that, pursuant to N.J.S.A. 40:67-23.3, which became operative on January 1, 1991, and was ... municipal standards and specifications for such dedication, except for width.      N.J.S.A. 40:67-23.3a sets forth the services the municipality shall either perform ... a "qualified private community" within the meaning of the statute. N.J.S.A. 40:67-23.3 exempts a municipality from using municipally owned or leased ... to provide any of the services enumerated in subsection a.[,]" N.J.S.A. 40:67-23.3b. (emphasis added), "the express language of [subsection b.] ...

docket:	a6314-98
court:	njappellate
decided:	2000-04-26
status:	published
citation:	330 N.J.Super. 345
Document Size:	21993

3 Vaccaro v. Ho-Ho-Kus -- rank: 783

... property was $900,000. II. Claim for Reimbursement pursuant to N.J.S.A. 40:67-23.2, et seq. In certain correspondence sent to the court ... indication that plaintiff would pursue a claim for reimbursement under N.J.S.A. 40:67-23.2, et seq . The referenced statute provides for the reimbursement ... the issues, the court questioned whether a claim pursuant to N.J.S.A. 40:67-23.2 was properly before this court—both because it had ... had sent correspondence to the assessor regarding the application of N.J.S.A. 40:67-23.2, that it was simply “ pro forma ” that ... court’s jurisdiction did not include a claim raised under N.J.S.A. 40:67-23.2. Rule 8:3-8 provides that pleadings may be ... motion to amend the complaint to include a claim under N.J.S.A. 40:67-23.2. In fact, the only time plaintiff requested an ...

docket:	11205-13
court:	NJ Tax Court
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	43742

4 STONEHILL PROPERTY OWNERS ASSOCIATION, INC., VS TOWNSHIP OF VERNON, ET AL -- rank: 751

... Stonehill"), pursuant to the provisions of the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8 (the "Act"), for costs incurred by ... Act, Stonehill is a qualified private community within the Township. N.J.S.A. 40:67-23.2e. In connection with its operation of the Village, Stonehill ... not to provide such services directly. Consequently, in accordance with N.J.S.A. 40:67-23.3a, the Township is obligated to reimburse Stonehill for the ... or disposal of solid waste along the roads and streets. [ N.J.S.A. 40:67-23.3a.] I     At trial, there was no basic dispute as ... to either the costs incurred by Stonehill in furnishing the N.J.S.A. 40:67-23.3a with respect to whether a municipality must make reimbursement ... has the right to directly provide the services specified in N.J.S.A. 40:67-23.3a. Vernon, on the other hand, contends that the ...

docket:	a4142-96
court:	njappellate
decided:	1998-05-26
status:	published
citation:	312 N.J.Super. 68
Document Size:	26214

5 STONEHILL PROPERTY OWNERS ASSOCIATION, INC., VS TOWNSHIP OF VERNON, ET AL -- rank: 751

... Stonehill"), pursuant to the provisions of the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8 (the "Act"), for costs incurred by ... Act, Stonehill is a qualified private community within the Township. N.J.S.A. 40:67-23.2e. In connection with its operation of the Village, Stonehill ... not to provide such services directly. Consequently, in accordance with N.J.S.A. 40:67-23.3a, the Township is obligated to reimburse Stonehill for the ... or disposal of solid waste along the roads and streets. [ N.J.S.A. 40:67-23.3a.] I     At trial, there was no basic dispute as ... to either the costs incurred by Stonehill in furnishing the N.J.S.A. 40:67-23.3a with respect to whether a municipality must make reimbursement ... has the right to directly provide the services specified in N.J.S.A. 40:67-23.3a. Vernon, on the other hand, contends that the ...

docket:	a5590-96
court:	njappellate
decided:	1998-05-26
status:	published
citation:	312 N.J.Super. 68
Document Size:	26214

6 TOWNSHIP OF NORTH BRUNSWICK v. RENAISSANCE VILLAGE I CONDOMINIUM ASSOCIATION, INC. -- rank: 696

... roads for dedication pursuant to the Municipal Services Act ("MSA"), N.J.S.A. 40:67-23.7, as they did not conform to the minimum Residential ... Township to accept the Associations' roads for dedication pursuant to N.J.S.A. 40:67-23.7 of the MSA, which states: A municipality shall be ... accept their dedication for public use pursuant to the MSA, N.J.S.A. 40:67-23.7. According to the Associations, there is at least ten ... accept them for dedication for public use under the MSA, N.J.S.A. 40:67-23.7. On appeal, the Associations argue the trial court erred ... sole issue in this case, the application of the law, N.J.S.A. 40:67-23.7. In other words, do the roads the Associations seek ... trial court that the plain language, meaning, and intent of N.J.S.A. 40:67-23.7 requires a roadway to actually and currently comply ...

docket:	A0156-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	unpublished
citation:
Document Size:	45592

7 TOWNSHIP OF WHITE v. CASTLE RIDGE DEVELOPMENT CORPORATION -- rank: 684

... 571 , 574 (App. Div. 1978). However, a municipality may, under N.J.S.A. 40:67-23.1, voluntarily assume the obligation, at its own expense, to ... N.J. Super. 25 , 29 (App. Div. 1981). Moreover, under N.J.S.A. 40:67-23.3, a municipality is obligated to either provide, or reimburse ... because it has accepted dedication of the road or because N.J.S.A. 40:67-23.3 applies, may not force a developer to indefinitely provide ... owner for a municipality to delegate its statutory responsibility under N.J.S.A. 40:67-23.3 while simultaneously collecting property taxes. However, the Ramapo Court ... independent obligation, either through acceptance of the property or under N.J.S.A. 40:67-23.3, to provide such services. Nothing in the record indicates ... that the development on Lisa Court was not subject to N.J.S.A. 40:67-23.3 because it was not a private community within ...

docket:	A2790-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-11
status:	published
citation:	419 N.J. Super. 68 16 A.3d 399
Document Size:	34213

8 BERK COHEN ASSOCIATES AT RUSTIC VILLAGE, LLC v. BOROUGH OF CLAYTON -- rank: 609

... essentially paralleled the existing legislation applicable to qualified private communities, N.J.S.A. 40:67-23.3. The Legislature did not make any significant changes to ... relied. In l989, the Legislature enacted the Condominium Services Act, N.J.S.A. 40:67-23.2 to -23.8, mandating municipalities to provide certain municipal ...

docket:	a4988-05
court:	njappellate
decided:	2008-09-08
status:	published
citation:	402 N.J. Super. 409
Document Size:	79742

9 WHS REALTY COMPANY v. TOWN OF MORRISTOWN -- rank: 523

... of the newly-adopted L. 1989, c.299, codified as N.J.S.A. 40:67-23.2 to -23.8, the so-called Condominium Services Act ... materials and other solid waste along the roads and streets. N.J.S.A. 40:67-23.3a. Here, the only service involved is collection of solid ...

docket:	a3502-97
court:	njappellate
decided:	1999-07-27
status:	published
citation:	323 N.J. Super. 553
Document Size:	55343

10 STEEPLECHASE VILLAGE, INC. v. TOWNSHIP OF EGG HARBOR et al. -- rank: 523

... This legislation paralleled existing legislation applicable to "qualified private communities," N.J.S.A. 40:67-23.3, including condominiums, N.J.S.A. 40:67-23.2e. The record in this case is silent as to ... weather, compared to other "public" streets in the Township. See N.J.S.A. 40:67-23.1 (authorizing municipalities, by ordinance, to authorize curbside collection of ...

docket:	A0831-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-19
status:	unpublished
citation:
Document Size:	46247

11 ROBERT BARAN et al. v. TOWNSHIP OF PLUMSTED, et al. -- rank: 482

... wanted to mention to you that, pursuant to the statute, N.J.S.A. 40:67-23.1, the Township has adopted, by ordinance, in compliance with ...

docket:	A1497-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-19
status:	unpublished
citation:
Document Size:	75613

12 LEISURETOWNE ASSOCIATION, INC v. TOWNSHIP OF SOUTHAMPTON -- rank: 398

... consistent with its statutorily mandated duty to do so. See N.J.S.A. 40:67-23.7. There is, however, no concomitant statutory duty imposed upon ...

docket:	a3787-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-18
status:	unpublished
citation:	197 N.J. 260 962 A.2d 530
Document Size:	59017

13 ROBERT J. TRIFFIN v. BANK OF AMERICA -- rank: 309

... private communities. See id. at 348-49. In light of N.J.S.A. 40:67-23.3, which directs that local governments shall reimburse "qualified private ...

docket:	A2422-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-06
status:	published
citation:	391 N.J. Super. 83 917 A.2d 257
Document Size:	29643

14 LARRY J. HOLLOWAY v. TODD MCMANUS -- rank: 294

... Township impliedly accepted the dedication. The court emphasized that under N.J.S.A. 40:67-23.1, a municipality is permitted to repair and maintain and ...

docket:	a4804-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	unpublished
citation:
Document Size:	20857