Search Rutgers Law Library N.J. Court Opinions

1 SHARBELL BUILDING COMPANY LLC v. PLANNING BOARD OF THE TOWNSHIP OF ROBBINSVILLE -- rank: 1000

... pursuant to [ N.J.S.A. 40:55D-70(d)]. [ N.J.S.A. 45:22A-46.6(a)(1).] Cannuli concluded that "the construction of the converted ... because it has not met the prerequisites set forth in N.J.S.A. 45:22A-46.6, and N.J.S.A. 45:22A-46.8. [17 ... following [seven] site improvement and infrastructure requirements have been met[.]" N.J.S.A. 45:22A-46.6(b). 7 If those requirements are satisfied and "the conversion ... zoning ordinance, the application for the conversion shall be approved." N.J.S.A. 45:22A-46.6(c) (emphasis added). The Board's major grievance 8 relates ... uses in the zoning district in which they are located." N.J.S.A. 45:22A-46.6(a)(1). Judge Feinberg recognized that "the statute supersedes" the ... Sharbell had further satisfied the seven criteria set forth in N.J.S.A. 45:22A-46.6(b)(1) to -46.6(b)(7). The judge ...

docket:	a3181-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-13
status:	Published
citation:
Document Size:	46631

2 K. HOVNANIAN SHORE ACQUISITIONS, LLC v. MARLBORO TOWNSHIP PLANNING BOARD -- rank: 930

... confined to whether [Hovnanian]'s application satisfies the criteria of N.J.S.A. 45:22A-46.6(c)," the section of the Conversion Act requiring approval if ... the application satisfied the "negative criteria" in the Conversion Act, N.J.S.A. 45:22A-46.6(c). Finally, in June and July 2013, the Board conducted ... application was limited to the [n]egative [c]riteria of N.J.S.A. 45:22A-46.6(c)." The court found that the Board abused its discretion ... base or foundation of the panel, plate, canopy, or array. [ N.J.S.A. 45:22A-46.6(b).] If those requirements are satisfied and "the conversion can ... zoning ordinance, the application for the conversion shall be approved." N.J.S.A. 45:22A-46.6(c). This language tracks the negative criteria of N.J ... sufficient evidence of the site improvement and infrastructure requirements in N.J.S.A. 45:22A-46.6(b). In fact, during the hearing, the Board's ...

docket:	a1074-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31702

3 K. HOVNANIAN SHORE ACQUISITIONS, L.L.C. v. MARLBORO TOWNSHIP PLANNING BOARD -- rank: 884

... submit to the "approving board" an application that complies with N.J.S.A. 45:22A-46.6. N.J.S.A. 45:22A-46.9 provides that ... the applicant has submitted documentation addressing the issues described in [ N.J.S.A. 45:22A-46.6]. If no such writing asserting incompleteness for any such reason ... zoning ordinance, the application for the conversion shall be approved." N.J.S.A. 45:22A-46.6(c). On August 25, 2009, OHB filed an application with ... its consideration of plaintiff's application to "the criteria of N.J.S.A. 45:22A-46.6(c)." This appeal followed. The Board reiterates the arguments it ... Board based its decision on the "negative criteria" contained in N.J.S.A. 45:22A-46.6(c). Plaintiff has since filed a complaint in lieu of ... the authority to develop the land as a converted development." N.J.S.A. 45:22A-46.6(a). As Judge Lawson noted, the Act requires the ...

docket:	a5678-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	24721

4 JOSEPH A. COURTER v. ABSECON PLANNING BOARD -- rank: 881

... housing. B. Boardwalk failed to satisfy the criteria enumerated by N.J.S.A. 45:22A-46.6 for approval of an age-restricted conversion application. i. The ...

docket:	a4344-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	40741

5 PROTECT WENONAH: DO THE RIGHT THING v. COMBINED PLANNING/ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WENONAH -- rank: 844

... age-restricted development to a non-restricted development provided in N.J.S.A. 45:22A-46.6. That is a question of law that requires de novo ...

docket:	a5375-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	36080

6 HERITAGE AT TOWNE LAKE, LLC v. PLANNING BOARD OF THE BOROUGH OF SAYREVILLE -- rank: 841

... Heritage met its burden relative to the statutory requirements of N.J.S.A . 45:22A-46.6(b), and that the Board’s denial of the conversion ... of the zone plan and zoning ordinance, as required under N.J.S.A. 45:22A-46.6(c); . . .” The conversion statute sets forth the requirements for a conversion. N.J.S.A . 45:22A-46.6(b) provides: “ Applications seeking amended approval for a converted ... the face of the plain meaning of the conversion statute. N.J.S.A . 45:22A-46.6 provides: No application for an amended approval seeking the authority ... “the application for the conversion shall be approved.” N.J.S.A . 45:22A-46.6(c). The final issue to be addressed is the adequacy ...

docket:	l-2522-10
court:	NJ Superior Court Law/Chancery Division
decided:	2011-09-09
status:
citation:	422 N.J. Super. 75 26 A.3d 1071
Document Size:	35570