URBAN v. PLANNING BD.


124 N.J. 651 (1991)

592 A.2d 240

RONALD AND LINDA URBAN, IRA SCHULMAN, ROBERT R. ZANES, AND DAVID AND JUDY DELANEY SHIRLEY, PLAINTIFFS, AND RAYMOND M. TOMASSO, JR., RAYMOND TOMASSO, SR. AND DOROTHY TOMASSO, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE BOROUGH OF MANASQUAN, MONMOUTH COUNTY, NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1991.


Attorney(s) appearing for the Case

Thomas E. O'Brien argued the cause for appellants (Bathgate, Wegener, Wouters & Neumann, attorneys).

Michael R. Rubino, Jr., argued the cause for respondent (Fay, Pandolfe, Shaw & Rubino, attorneys).

Fred G. Stickel, III, General Counsel, submitted a letter brief on behalf of amicus curiae New Jersey State League of Municipalities.

Alan J. Pogarsky, President, submitted a letter brief on behalf of amicus curiae New Jersey State Bar Association.


The opinion of the Court was delivered by O'HERN, J.

The question in this appeal is whether an existing nonconforming parcel of land occupied by several dwelling structures is divisible as a matter of right into multiple nonconforming lots accommodating each of the structures. We hold that such a division is a subdivision of land within the meaning of the Municipal Land Use Law of 1975 (MLUL), N.J.S.A. 40:55D-1 to -112, and that such a subdivision may be granted...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases