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1 LAKEVIEW MEMORIAL PARK ASSOCIATION, v. BURLINGTON COUNTY CONSTRUCTION BOARD OF APPEALS -- rank: 1000

... seeks approval for its proposed mausoleum expansion project pursuant to N.J.S.A. 45:27-27 of the New Jersey Cemetery Act, N.J.S.A ... the DCA') approval of plaintiff’s site plans pursuant to N.J.S.A. 45:27-27(b) and 27(e) of the Cemetery Act preempts the ... 2.1. The CBA also argued the Cemetery Act, specifically N.J.S.A. 45:27-27, does not preempt local site plan ordinances, and, thereby, plaintiff ... a building permit is appealable to the CBA pursuant to N.J.S.A. 45:27- - 27(a); (2) the administrative remedies available to plaintiff would be futile and involve legal, not administrative, discretion; and (3) N.J.S.A. 45:27-27 4 supports preemption since the legislative intent of the statute ... approval from the DCA for its proposed expansion pursuant to N.J.S.A. 45:27-27(b), which provides: Construction shall not begin until detailed ...

docket:	L-003629-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-25
status:
citation:
Document Size:	65314

2 ROSALYN MOREHEAD v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF FORT LEE -- rank: 701

... further consequence, only height and setback requirements would apply under N.J.S.A. 45:27-27(e) and not all of the bulk requirements for that ... the Board's consideration of height and setback requirements. See N.J.S.A. 45:27-27(e). Plaintiffs also contend that information about the volume of ... not bring into play the number of parking spaces. See N.J.S.A. 45:27-27(e). With regard to the certificate of approval issued by ... DCA does not assess need or location of such projects. N.J.S.A. 45:27-27, in particular section (b), describes DCA's role in approving ... and local approvals through the Fort Lee construction official. See N.J.S.A. 45:27-27(a), -27(c), -27(d). Plaintiffs also challenge the conditional ... Schedule IV-2, Part I, Area, Bulk and Yard Requirements. N.J.S.A. 45:27-27(e), in turn, permits local zoning of height and ...

docket:	a3102-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	34788