Search Rutgers Law Library N.J. Court Opinions

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

... 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 the ... 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 entered ... 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 ignores ... 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 the benefit ... s agreement in this case is in direct conflict with N.J.S.A. 40:67-23.3 and that, as a result of the majority decision, ...

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

2 BERK COHEN ASSOCIATES AT RUSTIC VILLAGE, LLC v. BOROUGH OF CLAYTON -- rank: 734

... 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 N ...

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

3 BRIARGLEN II CONDOMINIUM ASSOCIATION, INC. v. TOWNSHIP OF FREEHOLD, -- rank: 705

... 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 question ... 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 "qualified ... 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 later ... 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 vehicles ... communities would were we to accept defendant's interpretation of N.J.S.A. 40:67-23.3.     The question remains whether a municipality can pass this duty ... to a developer by means of the developer's agreement.      N.J.S.A. 40:67-23.3 does not provide for, nor does it expressly prohibit, ...

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

4 TOWNSHIP OF WHITE v. CASTLE RIDGE DEVELOPMENT CORPORATION -- rank: 693

... 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, a ... 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 or ... 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 found ... 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 ... 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 the meaning ... the Castle Ridge development is not a private community under N.J.S.A. 40:67-23.3, the Township owes no duty of maintaining this private ...

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

5 STEEPLECHASE VILLAGE, INC. v. TOWNSHIP OF EGG HARBOR et al. -- rank: 463

... 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 ...

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

6 ROBERT J. TRIFFIN v. BANK OF AMERICA -- rank: 387

... 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 communit ...

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