Legal Opinion

Lizak v. Faria

Supreme Court of New Jersey

Decided June 19, 1984PublishedCited by 35 opinions

1Opinion of the Court

The opinion of the Court was delivered by

POLLOCK, J.

This case presents questions concerning the interpretation of certain provisions of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -99, that pertain to the failure of a board of adjustment to render a written decision memorializing its oral denial of a request for a variance. At issue is whether the statute converts such a failure into a grant of the variance. Also at issue is whether such statutory grants are appealable to the governing body and, if so, the time limits within which an appeal must be taken from such a grant.

The…

2Cases cited11 opinions

  1. State, Dept. of Environ. Protect. v. Ventron Corp.Supreme Court of New Jersey · 1983
  2. Donadio v. CunninghamSupreme Court of New Jersey · 1971
  3. Levin v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1980
  4. Carlsen v. Masters, Mates & Pilots Pension Plan TrustSupreme Court of New Jersey · 1979
  5. KRUVANT BROS. v. Mayor & Council, Tp. of Cedar GroveSupreme Court of New Jersey · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. George Phillips Philip Vitale v. Borough of Keyport Victor Rhodes Board of AdjustmentCourt of Appeals for the Third Circuit · 1997
  3. DiMaria v. Bd. of Tr. of PERSNew Jersey Superior Court Appellate Division · 1988
  4. Fallone Properties, L.L.C. v. Bethlehem Township Planning BoardNew Jersey Superior Court Appellate Division · 2004
  5. Allied Realty, Ltd. v. Borough of Upper Saddle RiverNew Jersey Superior Court Appellate Division · 1987

30 more not listed; retrieve them via the Exa API.

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