Search Rutgers Law Library N.J. Court Opinions

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

... 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 review ... 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 that ... 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 and ... 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 was ... 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 Comm. of ... were not arbitrary as that standard is set forth in N.J.S.A. 40A:7-12.1. And see Worthington v. Fauver , 88 N.J. 183 , ...

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: 915

... 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's ... 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 refusal ... 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 municipality to ... to consider tax consequences in terms of percentages or ratios. N.J.S.A. 40A:7-12.1. Rather, the statute places the burden on the petitioner to ... consideration of actual tax consequences in the present and future. N.J.S.A. 40A:7-12.1. The statutes related to municipal taxes that plaintiffs rely upon ... be inequitable and inconsistent with the standard set forth in N.J.S.A. 40A:7-12.1, which places the burden on the petitioner to show ...

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Document Size:	76135

3 CITIZENS FOR STRATHMERE and WHALE BEACH v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER -- rank: 750

... 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 v ... 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 in ... 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 petition of ... supra , 387 N.J. Super. at 246, "The enactment of N.J.S.A. 40A:7-12.1 manifests the Legislature's preference for preserving historical boundaries by ... remaining taxpayers. Plaintiff's contention that the word "municipality" in N.J.S.A. 40A:7-12.1 means the municipal government and not any of the municipality ...

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: 655

... 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 'n ... 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 standard ... 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 judicial review ... supra , 370 N.J. Super. at 90. The enactment of N.J.S.A. 40A:7-12.1 manifests the Legislature's preference for preserving historical boundaries by ...

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: 550

... 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 A ...

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