Legal Opinion
Great Atlantic Pacific Tea Co. Inc. v. Borough Point Pleasant
Supreme Court of New Jersey
Decided August 4, 1994PublishedCited by 22 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
A section of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-62.B (section 62.b), prohibits the adoption or amendment of a zoning ordinance by referendum. The Law Division held that the prohibition includes a non-binding referendum. In an unpublished opinion, the Appellate Division reversed. We granted the petition for certification of The Great Atlantic and Pacific Tea Company, Inc. v. Borough of Point Pleasant (A & P), 134 N.J. 560, 636 A.2d 518 (1993), and now affirm the judgment of the Appellate Division. We hold that the prohibition…
2Cases cited13 opinions
- City of Eastlake v. Forest City Enterprises, Inc.Supreme Court of the United States · 1976
- Levin v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1980
- Yanow v. Seven Oaks Park, Inc.Supreme Court of New Jersey · 1953
- Southern Alameda Spanish Speaking Organization (Also Known as Sasso) v. City of Union City, CaliforniaCourt of Appeals for the Ninth Circuit · 1970
- Smith v. Township of LivingstonNew Jersey Superior Court Appellate Division · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
- I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
- Alan J. Cornblatt, PA v. BarowSupreme Court of New Jersey · 1998
- Mayfield v. COMMUNITY MED. ASSOC., PANew Jersey Superior Court Appellate Division · 2000
- Thomas v. Toys" R" US, Inc.New Jersey Superior Court Appellate Division · 1995
17 more not listed; retrieve them via the Exa API.