Legal Opinion

New Jersey State League of Municipalities v. Department of Community Affairs

New Jersey Superior Court Appellate Division

Decided March 16, 1998PublishedCited by 7 opinions

1Opinion of the Court

The opinion of the court was delivered by

MUIR, Jr., J.A.D.

Appellants, representing interests of this State’s 567 municipalities, challenge the facial validity of regulations for residential site improvement standards promulgated by the Department of Community Affairs (DCA) under the Residential Site Improvement Standards Act (Act). N.J.S.A 40:55D-40.1 to -40.7. At issue is whether the DCA acted within its delegated authority when it promulgated the regulations. Relying on the zoning power statutorily vested in municipalities and language in the Act, appellants primarily argue the regulations…

2Cases cited26 opinions

  1. New Jersey Guild of Hearing Aid Dispensers v. LongSupreme Court of New Jersey · 1978
  2. Peper v. Princeton University Board of TrusteesSupreme Court of New Jersey · 1978
  3. Harvey v. Essex County Board of FreeholdersSupreme Court of New Jersey · 1959
  4. Bergen Pines County Hospital v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 1984
  5. Schierstead v. City of BrigantineSupreme Court of New Jersey · 1959

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

3Cited by7 opinions

  1. New Jersey State League of Municipalities v. Department of Community AffairsSupreme Court of New Jersey · 1999
  2. In re N.J.A.C. 17:1-6.4, 17:1-7.5 & 17:1-7.10New Jersey Superior Court Appellate Division · 2018
  3. DiVigenze v. Chrysler Corp.New Jersey Superior Court Appellate Division · 2001
  4. In Re Stormwater Management RulesNew Jersey Superior Court Appellate Division · 2006
  5. Borough v. Abram DemareeNew Jersey Superior Court Appellate Division · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API