Legal Opinion

Urban v. Planning Board

Supreme Court of New Jersey

Decided July 18, 1991PublishedCited by 30 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

The question in this appeal is whether an existing nonconforming parcel of land occupied by several dwelling structures is divisible as a matter of right into multiple nonconforming lots accommodating each of the structures. We hold that such a division is a subdivision of land within the meaning of the Municipal Land Use Law of 1975 (MLUL), N.J.S.A. 40:55D-1 to -112, and that such a subdivision may be granted only on approval of the necessary variances by the municipal planning board.

I

The case has a troubling history because it involves an…

2Cases cited23 opinions

  1. Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
  2. Medici v. BPR Co.Supreme Court of New Jersey · 1987
  3. Riggs v. Township of Long BeachSupreme Court of New Jersey · 1988
  4. State v. BakerSupreme Court of New Jersey · 1979
  5. Burbridge v. Governing BodySupreme Court of New Jersey · 1990

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

3Cited by30 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. Wyzykowski v. RizasSupreme Court of New Jersey · 1993
  3. Fallone Properties, L.L.C. v. Bethlehem Township Planning BoardNew Jersey Superior Court Appellate Division · 2004
  4. Township of Fairfield v. Likanchuk'sNew Jersey Superior Court Appellate Division · 1994
  5. Karam v. StateNew Jersey Superior Court Appellate Division · 1998

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

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