Villari v. Zoning Board of Adjustment

In Villari v. Zoning Board of Adjustment, 277 N.J. Super. 130, 649 A.2d 98 (App.Div.1994) the Court confronted the issue of the relationship between the Act and local ordinances enabled by the MLUL. The Court held that the Act did not preempt or override the powers conferred upon municipal governments by the MLUL. Id. at 134, 649 A.2d 98. The Court concluded that the Act failed to evince an explicit legislative intent to override a municipality's authority to zone all property located within its boundaries, observing that the Act failed to even mention the MLUL. Id. at 138-39, 649 A.2d 98. The Court held that the Right to Farm Act, N.J.S.A. 4:1C-1 to -10 (amended 1998) (the Act), did not preempt municipal land use authority over commercial farms, the Legislature amended the Act. L. 1998 c. 48 1-8 (N.J.S.A. 4:1C-1 to -10.4).