hardship exception (New Jersey) · Go Syfert
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hardship exception in New Jersey

12 New Jersey opinions name it 2 courts 1954–2026 3 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
State v. Robinsongreen
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Ordinarily, when a party fails to raise an issue to the trial judge, we "will decline to consider" those questions "unless the questions so raised on appeal go to the jurisdiction of the trial court or concern matters of great public interest." Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (quoting State v. Robinson, 200 N.J. 1, 20 (2009)).

11
Tahir Zaman v. Barbara Felton (072128)green
nj · 2014 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Ordinarily, when a party fails to raise an issue to the trial judge, we "will decline to consider" those questions "unless the questions so raised on appeal go to the jurisdiction of the trial court or concern matters of great public interest." Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (quoting State v. Robinson, 200 N.J. 1, 20 (2009)).

11
Cohen v. Bd. of Adjustment of Borough of Rumsongreen
njsuperctappdiv · 2007 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Because the Board must consider the existing structure on the DeCiccos' property as approved by the Township Building Department and the Township Construction Office by its issuance of the CO in 2010, the judge agreed "that the peculiar condition of the property was not 'self-created' in the sense that it should bar the granting of a variance." See Cohen v. Bd of Adjustment of Borough of Rumson, 396 N.J.

11
ISKOS. v. Planning Bd. of Tp. of Livingstongreen
nj · 1968 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Plaintiff cites Isko v. Planning Board of 33 A-0206-15T1 Township of Livingston, 51 N.J. 162, 174 (1968), overruled in part by Lang, 160 N.J. 41 , for the proposition that when a property is similar to other properties in the zone, it should not be given a hardship exception pursuant to N.J.S.A. 40:55D-70(c)(1).

11
Brace v. United Statesgreen
uscfc · 2006 · cited in 1 New Jersey opinions naming this issue, 2007–2007
1 sentence

2007See Brace v. United States, 72 Fed.

11
Gougeon v. BOROUGH OF STONE HARBORgreen
nj · 1968 · cited in 1 New Jersey opinions naming this issue, 1984–1984
2 sentences

1984We cautioned, however, in Gougeon v. Borough of Stone Harbor, 52 N.J. 212, 224 (1968), that: Of course, no offer to purchase should play any part in the consideration of the case unless it represents at least the fair market value of a * * * lot on which a home could be built * * *.

1984We cautioned, however, in Gougeon v. Borough of Stone Harbor, 52 N.J. 212, 224 (1968), that: *107 Of course, no offer to purchase should play any part in the consideration of the case unless it represents at least the fair market value of a * * * lot on which a home could be built * * *.

11
Ward v. Scottgreen
nj · 1952 · cited in 1 New Jersey opinions naming this issue, 1954–1954
1 sentence

1954We determined, however, that there were insufficient findings under subsection (d) and, accordingly, remanded the cause to the board for "reconsideration, findings and recommendation to the town council." See 11 N.J. 117, 129 (1952).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Lang v. Zoning Board of Adjustment green
nj · 1999
2 sentences

2026Id. at 54 .

2018Plaintiff cites Isko v. Planning Board of 33 A-0206-15T1 Township of Livingston, 51 N.J. 162, 174 (1968), overruled in part by Lang, 160 N.J. 41 , for the proposition that when a property is similar to other properties in the zone, it should not be given a hardship exception pursuant to N.J.S.A. 40:55D-70(c)(1).

52017–2026
State v. Brimage green
nj · 1998
1 sentence

2018He argues the police lacked a reasonable and articulable suspicion to stop his vehicle, lacked 1 State v. Brimage, 153 N.J. 1 (1998). 2 Defendant retained the right to argue for a parole ineligibility period of two years and four months, and a hardship waiver of his driver's license suspension.

12018–2018
Davis Enterprises v. Karpf green
nj · 1987
2 sentences

2006In that respect, the issues in the two matters are not identical because a hardship waiver is granted upon a finding of “exceptional and undue hardship,” N.J.AC. 7:13-4.8(d)l. *61 Although the regulation itself does not define hardship, we agree with the statement made in a related context that a claimed undue hardship “need not result in the inability to make any use of the property.” Davis Enters, v. Karpf, 105 N.J. 476, 493 , 523 A.2d 137 (1987) (Stein, J., concurring).

2006In that respect, the issues in the two matters are not identical because a hardship waiver is granted upon a finding of “exceptional and undue hardship,” N.J.AC. 7:13-4.8(d)l. *61 Although the regulation itself does not define hardship, we agree with the statement made in a related context that a claimed undue hardship “need not result in the inability to make any use of the property.” Davis Enters, v. Karpf, 105 N.J. 476, 493 , 523 A.2d 137 (1987) (Stein, J., concurring).

12006–2006
State v. Thomas green
nj · 2005
1 sentence

2006Accordingly, the panel determined that the measure of value was not “the prohibited uses as building lots, but rather the value for the permitted uses as parkland, open space or a parking lot.” We granted Mansoldo’s petition for certification. 185 N.J. 297 , 884 A.2d 1267 (2005).

12006–2006
Harrington Glen, Inc. v. Municipal Board of Adjustment green
nj · 1968
2 sentences

1984Commencing with Justice Francis’ decision in Harrington Glen, Inc., supra, 52 N.J. at 30 , we have discussed the possibility that the opportunity of an owner to sell property at a fair price may preclude application of the hardship exception under N.J.S.A. 40:55D-70 c.

1984Commencing with Justice Francis' decision in Harrington Glen, Inc., supra, 52 N.J. at 30 , we have discussed the possibility that the opportunity of an owner to sell property at a fair price may preclude application of the hardship exception under N.J.S.A. 40:55D-70 c.

11984–1984

Statutes the citing opinions construe

NJ § N.J. Stat. § 40:55D-1 (6) NJ § N.J. Stat. § 40:55D-70 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 17 (1986–2025) CT 14 (1965–2020) NY 14 (1891–2025) NJ 12 (1954–2026) CA 10 (1921–2025) NH 7 (1984–2008) ME 7 (1994–2025) MA 6 (1936–2025) HI 5 (1913–2014) MI 5 (1996–2017) IN 4 (2000–2009) RI 4 (1967–2025) MO 4 (1989–2024) DC 4 (1980–2010) WA 3 (1910–2020) MN 3 (1943–2008) OK 3 (1978–2009) IA 3 (1989–2014) DE 3 (1985–2022) VA 2 (2002–2004) MD 2 (1982–2007) NE 2 (1947–2022) VT 2 (2001–2001) LA 2 (1978–1998) CO 2 (2005–2025) OR 2 (1922–1962)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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