Legal Opinion

New Jersey Builders Ass'n v. Mayor of Bernards Township

Supreme Court of New Jersey

Decided July 8, 1987PublishedCited by 46 opinions

1Opinion of the Court

The opinion of the Court was delivered by

STEIN, J.

The narrow issue that we address in this appeal is whether Bernards Township’s Ordinance 672 is a valid exercise of the authority conferred upon municipalities by the Municipal Land Use Law (MLUL), specifically N.J.S.A. 40:55D-42. We hold that that portion of the ordinance that requires new developers to pay their pro-rata share of the Township’s long term, twenty-million dollar road improvement plan exceeds the Township’s authority under the MLUL and is therefore invalid. Accordingly, we affirm the judgment of the Appellate Division.

I

The…

2Cases cited17 opinions

  1. City of College Station v. Turtle Rock Corp.Texas Supreme Court · 1984
  2. Contractors & Builders Ass'n v. City of DunedinSupreme Court of Florida · 1976
  3. Jordan v. Village of Menomonee FallsWisconsin Supreme Court · 1965
  4. Pioneer Trust & Savings Bank v. Village of Mount ProspectIllinois Supreme Court · 1961
  5. Barringer v. MieleSupreme Court of New Jersey · 1951

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3Cited by46 opinions

  1. Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
  2. Toll Bros., Inc. v. BD. OF CHOSEN FREEHOLDERS, CTY. OF BURLINGTONSupreme Court of New Jersey · 2008
  3. Holmdel Builders Ass'n v. Township of HolmdelSupreme Court of New Jersey · 1990
  4. JEN ELECTRIC, INC. v. County of EssexSupreme Court of New Jersey · 2009
  5. American Civil Liberties Union of New Jersey, Inc. v. County of HudsonNew Jersey Superior Court Appellate Division · 2002

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