Search Rutgers Law Library N.J. Court Opinions

1 AVALON MANOR IMPROVEMENT ASSOCIATION, INC., et al. v. TOWNSHIP OF MIDDLE et al. -- rank: 1000

... in which the land is located consenting to the annexation. N.J.S.A. 40A:7-12. Before acting on any resolution pursuant to the petition, the ... being of the municipality in which the land is located.         [ N.J.S.A. 40A:7-12.1.]     The municipality's exercise of discretion is "subject to ... trial court's construction of the phrase "significant injury" in N.J.S.A. 40A:7-12.1 as it relates to any detriments from deannexation, arguing ... rates and dredging services, and thereby effectively satisfied the second N.J.S.A. 40A:7-12.1 criterion (refusal to consent is detrimental to the economic ... defendant claims plaintiffs have not met the remaining requirements under N.J.S.A. 40A:7-12.1, namely that the governing body's refusal to consent ... only be resolved by reference to the pre- and post- N.J.S.A. 40A:7-12.1. In West Point Island Civic Assn' v. Township ...

docket:	a3612-02
court:	njappellate
decided:	2004-06-21
status:	published
citation:	370 N.J. Super. 73
Document Size:	76779

2 /usr/local/share/www/libweb/collections/courts/appellate/a3048-19.opn.html -- rank: 790

... of Egg Harbor Township, filed a petition for deannexation under N.J.S.A. 40A:7-12 with the Township Committee, seeking to annex their small community ... a separate resolution determining that plaintiffs failed to comply with N.J.S.A. 40A:7-12's jurisdictional requirement as they failed to clearly delineate the ... two, concluding that their petition complied with the requirements of N.J.S.A. 40A:7-12 and they established Seaview is contiguous with Longport under that ... opinion, Judge Mendez applied the three-part test enumerated in N.J.S.A. 40A:7-12.1,1 finding that, although plaintiffs established that the Committee ... final hearing, Judge Mendez applied the three- part test in N.J.S.A. 40A:7-12.1 and concluded that plaintiffs established that Egg Harbor's ... the petitioner. L. 1982, c. 182, § 2, codified as, N.J.S.A. 40A:7-12.1. 'Prior to 1982 the burden was on the ...

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Document Size:	76135

3 CITIZENS FOR STRATHMERE and WHALE BEACH v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER -- rank: 712

... In 2007, plaintiff petitioned the Committee for deannexation pursuant to N.J.S.A. 40A:7-12 (the statute). 2 The Committee held a special meeting to ... Am. , 142 N.J. 520 , 523 (1995). The application of N.J.S.A. 40A:7-12 and N.J.S.A. 40A:7-12.1 are questions of law. Avalon Manor Improvement Ass'n ... 101 (App. Div.), certif. denied , 182 N.J. 143 (2004). N.J.S.A. 40A:7-12 governs the procedure for annexation or de-annexation. The statute ... being of the municipality in which the land is located. [ N.J.S.A. 40A:7-12.1.] In analyzing the standards of judicial review, we stated ... quotation marks omitted).] Prior to the Legislature's enactment of N.J.S.A. 40A:7-12.1, on a challenge to a denial of a ...

docket:	a1528-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	unpublished
citation:
Document Size:	33542

4 D'ANASTASIO CORP. v. THE TOWNSHIP OF PILESGROVE, et al. -- rank: 684

... Div. 2006). We add the following comments. The "application of N.J.S.A. 40A:7-12 [and N.J.S.A. 40A:7-12.1] [are] question[s] of law." Avalon Manor Improvement Ass ... Div.), certif. denied , 182 N.J. 143 (2004) ( Avalon Manor ). N.J.S.A. 40A:7-12 governs the procedure for annexation or de-annexation. N.J.S.A. 40A:7-12 provides that a petition for annexation must be signed by ... being of the municipality in which the land is located. [ N.J.S.A. 40A:7-12.1.] The first element is simply an expression of the ... deannexing municipality." Ibid. Prior to the Legislature's enactment of N.J.S.A. 40A:7-12.1, L. 1982, c. 182, § 2 ("Refusal to annex ...

docket:	a5409-04
court:	njappellate
decided:	2006-08-14
status:	published
citation:	*CITE_PENDING*
Document Size:	15495

5 BAY BEACH WAY REALIGNMENT COMMITTEE, L.L.C. v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER -- rank: 522

... of plaintiffs allowing deannexation of Bay Beach Way pursuant to N.J.S.A. 40A:7-12 and ordering the Council to consent to plaintiff's petition ... thirty days. In this appeal, Toms River argues: POINT I N.J.S.A. 40A:7-12.1 IMPOSES A HEAVY BURDEN TO OVERCOME THE DENIAL OF ...

docket:	a5733-07
court:	superior court appellate division
decided:	2009-07-09
status:	unpublished
citation:
Document Size:	24480