Legal Opinion
Nuckel v. Borough of Little Ferry Planning Board
Supreme Court of New Jersey
Decided June 16, 2011PublishedCited by 22 opinions
1Opinion of the CourtJustice Long
The primary issue on this appeal is whether a developer who proposes to place a driveway on an undersized lot that houses a nonconforming use, to service a hotel on an adjacent lot, is required to obtain variances under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -168, specifically N.J.S.A 40:55D-70(d)(1) and (2). Because the proposed driveway is not an accessory use under the relevant zoning ordinance, it constitutes a second principal use, prohibited by the zoning ordinance, thus requiring a use variance under N.J.S.A. 40:55D-70(d)(l). In addition, because the proposed driveway…
2Cases cited32 opinions
- Medici v. BPR Co.Supreme Court of New Jersey · 1987
- State v. ChaplandSupreme Court of New Jersey · 2006
- Riggs v. Township of Long BeachSupreme Court of New Jersey · 1988
- Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
- Sica v. Board of Adjustment of Tp. of WallSupreme Court of New Jersey · 1992
27 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Price v. Himeji, LLCSupreme Court of New Jersey · 2013
- Dunbar Homes, Inc. v. Zoning Bd. of Adjustment of the Twp. of FranklinSupreme Court of New Jersey · 2018
- Des Champs Laboratories, Inc. v. MartinNew Jersey Superior Court Appellate Division · 2012
- Dunbar Homes, Inc. v. the Zoning Board of AdjustmentNew Jersey Superior Court Appellate Division · 2017
- Kinderkamack Road Associates, LLC v. Mayor of OradellNew Jersey Superior Court Appellate Division · 2011
17 more not listed; retrieve them via the Exa API.