Legal Opinion

New York SMSA Ltd. Partnership v. Township Council of Edison

New Jersey Superior Court Appellate Division

Decided February 2, 2006PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the court was delivered by

GRALL, J.A.D.

The Township Council of the Township of Edison (Edison) appeals from a final order invalidating amendments to its zoning ordinance that require certain applicants for development to give notice of the hearing on their applications that exceeds the notice specified in N.J.S.A. 40:55D-12. Because we conclude that the authority to enhance the scope and method of notice specified in N.J.S.A. 40:55D-12 is not expressly delegated, fairly implied or reasonably incident to the powers the Legislature conferred through the Municipal Land Use Law…

2Cases cited10 opinions

  1. Levin v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1980
  2. Rumson Estates, Inc. v. Mayor of Fair HavenSupreme Court of New Jersey · 2003
  3. Pizzo Mantin Group v. Township of RandolphSupreme Court of New Jersey · 1994
  4. Manalapan Holding Co. v. Planning Board of HamiltonSupreme Court of New Jersey · 1983
  5. Township of Stafford v. Stafford Township Zoning Board of AdjustmentSupreme Court of New Jersey · 1998

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3Cited by4 opinions

  1. Dunbar Homes, Inc. v. Zoning Bd. of Adjustment of the Twp. of FranklinSupreme Court of New Jersey · 2018
  2. Robert James Pacilli Homes, L.L.C. v. Township of WoolwichNew Jersey Superior Court Appellate Division · 2007
  3. Shore Builders Ass'n v. Tp. of JacksonNew Jersey Superior Court Appellate Division · 2008
  4. Mahwah Realty v. Tp. of MahwahNew Jersey Superior Court Appellate Division · 2011

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