Legal Opinion
Dunbar Homes, Inc. v. Zoning Bd. of Adjustment of the Twp. of Franklin
Supreme Court of New Jersey
Decided June 20, 2018No. A-89 September Term 2016; 079076PublishedCited by 26 opinions
1Opinion of the CourtJustice Solomon
**550N.J.S.A. 40:55D-10.5, a section of the Municipal Land Use Law, provides that "development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development." That rule is known as the Time of Application Rule (TOA Rule), and this appeal turns on whether an incomplete application triggers the TOA Rule's protections.
Plaintiff Dunbar Homes, Inc., (Dunbar) sought to build garden apartments in Franklin Township (Township), and applied for site plan approval and a "conditional use special reasons" variance…
2Cases cited21 opinions
- DiProspero v. PennSupreme Court of New Jersey · 2005
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- Medici v. BPR Co.Supreme Court of New Jersey · 1987
- Jantausch v. Borough of VeronaNew Jersey Superior Court Appellate Division · 1956
- Levin v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Piscitelli v. City of Jr.Supreme Court of New Jersey · 2019
- 1419 WEST CAMPLAIN, LLC VS. JOINT LAND USE BOARD OF THE BOROUGH OF MANVILLE (L-1270-17, SOMERSET COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- 440 COMPANY-CARRIAGE HOUSE, LP VS. ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PALISADES PARK (L-0123-18, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
- A-Z VENUE MANAGEMENT, LLC VS. ZONING A-1388-17T1 BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST AMWELL (L-0060-17, HUNTERDON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- ANTHONY MARQUES VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM (BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM)New Jersey Superior Court Appellate Division · 2018
21 more not listed; retrieve them via the Exa API.