Legal Opinion
Montclair State Univ. v. Cnty. of Passaic
Supreme Court of New Jersey
Decided August 6, 2018No. A-16 Sept. Term 2017; 080084PublishedCited by 1 opinion
1Opinion of the CourtJustice LaVECCHIA
**437This appeal raises substantive and procedural issues about the immunity from local zoning laws and regulation that Rutgers v. Piluso, 60 N.J. 142, 286 A.2d 697 (1972), recognized for a state university with respect to improvements on state-owned land.
**438Case law recognizes that a state higher educational institution like Montclair State University (MSU), statutorily vested with control over its property, see N.J.S.A. 18A:64-7, has a form of immunity, or exemption, from local land use controls when it comes to the use and development of its own property. However, that discretionary…
2Cases cited13 opinions
- Rutgers v. PilusoSupreme Court of New Jersey · 1972
- Birchwood Lakes Colony Club, Inc. v. Borough of Medford LakesSupreme Court of New Jersey · 1982
- City of Newark v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1951
- Town of Bloomfield v. New Jersey Highway AuthoritySupreme Court of New Jersey · 1955
- Garden State Farms, Inc. v. BaySupreme Court of New Jersey · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- MONTCLAIR STATE UNIVERSITY VS. COUNTY OF PASSAIC (L-2866-14, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021