Supreme Court of New Jersey· 6/25/2013
Price v. Himeji, LLC
Citations
- 214 N.J. 263
- 69 A.3d 575
- 2013 WL 3184784
- 2013 N.J. LEXIS 594
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that MLUL \exhibits a preference for municipal land use planning by ordinance rather than by variance\
- noting that in exercising original jurisdiction, an appellate court \appl[ies] the same standard and scope of review as would the decision-maker into whose place [it] step[s]\
- affirming Appellate Division's decision to resolve the matter through review of the provided record rather than through remand
- noting Rule 2:10-5 “allow[s an] appellate court to exercise original jurisdiction to eliminate unnecessary further litigation, but discourage[s] its use if factfinding is A-1101-24 7 involved”
- noting MLUL's preference for land use planning by ordinance rather than variance, and that A-0953-23 25 zoning board may not, by variance, usurp legislative power reserved to municipality's governing body
- acknowledging the Board of Adjustment's superior \knowledge of local circumstances\ entitles it broad deference
Source: CourtListener parenthetical corpus (CC0).
Judges: Hoens
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