Legal Opinion

Jennings v. Borough of Highlands

New Jersey Superior Court Appellate Division

Decided March 14, 2011PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

This appeal involves the previously unanswered question of whether individual condominium unit owners may oppose zoning amendments through a protest petition. It involves the interplay of the long-established right to protest zoning amendments, N.J.S.A 40:55D-63, now found in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, with this State’s more recent recognition of common interest communities and condominium ownership as delineated in the Condominium Act (Condominium Act), N.J.S.A. 46:8B-1 to -38.

We agree with…

2Cases cited28 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. Palisades Properties, Inc. v. BrunettiSupreme Court of New Jersey · 1965
  3. TAXPAYERS ASSN. OF WEYMOUTH TP. INC. v. Weymouth Tp.Supreme Court of New Jersey · 1976
  4. TOLL BROS, INC. v. Tp. of West WindsorSupreme Court of New Jersey · 2002
  5. Levin v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1980

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3Cited by6 opinions

  1. Luchejko v. City of HobokenSupreme Court of New Jersey · 2011
  2. Highpoint at Lakewood Condominium Association, Inc. v. TheNew Jersey Superior Court Appellate Division · 2015
  3. BLUE WATER TOWNHOME ASSOCIATION, INC. VS. LORI DIFABIO (L-0120-15, CAPE MAY COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. Blackridge Realty, Inc. v. the City of Long BranchNew Jersey Superior Court Appellate Division · 2025
  5. Luchejko v. City of HobokenSupreme Court of New Jersey · 2011

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