Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 18, 2009

4:69-6. Limitation on Bringing Certain Actions

(a) General Limitation. No action in lieu of prerogative writs shall be commenced later than 45 days after the accrual of the right to the review, hearing or relief claimed, except as provided by paragraph (b) of this rule.

(b) Particular Actions. No action in lieu of prerogative writs shall be commenced

(1) to contest or question any election under N.J.S. 18A:24-12 or N.J.S. 18A:24-29, after 15 days from the date of such election; or

(2) to review an assessment or award made for any municipal improvement after 30 days from the date of the confirmation of such assessment or award; or

(3) to review a determination of a planning board or board of adjustment, or a resolution by the governing body or board of public works of a municipality approving or disapproving a recommendation made by the planning board or board of adjustment, after 45 days from the publication of a notice once in the official newspaper of the municipality or a newspaper of general circulation in the municipality, provided, however, that if the determination or resolution results in a denial or modification of an application, after 45 days from the publication of the notice or the mailing of the notice to the applicant, whichever is later. The notice shall state the name of the applicant, the location of the property and in brief the nature of the application and the effect of the determination or resolution (e.g., "Variance-Store in residential zone denied"), and shall advise that the determination or resolution has been filed in the office of the board or the municipal clerk and is available for inspection; or

(4) to review an ordinance, authorizing the construction of a railroad siding or sidings, or an ordinance or resolution for a public improvement in any municipality, after 30 days from the date of the passage or adoption of such ordinance or resolution; or

(5) any action in relation to joint sewers or disposal plants after 30 days from the date of the taking of the proceeding sought to be reviewed, or after the lapse of 30 days from the entry of the order of the court confirming the assessment; or

(6) to review any decision of a board of chosen freeholders refusing or granting a permit to erect a building in the bed of any highway after 30 days from the filing of the decision in the office of the board; or

(7) in any action under N.J.S.A. 54:5-104.29 to 104.71, inclusive, as amended (In Rem Tax Foreclosure Act), unless an answer has been filed within the time limited, nor after the expiration of 2 months from the filing of an answer denying the validity of the tax lien for which the lands were sold and certificate issued, or denying the legality of the proceedings to sell the lands, or denying the legality of the sale; or

(8) to review a sale of land to enforce an assessment or tax, or a sale where assessments and taxes have been included together, after 18 months from the date of the sale, but this limitation shall not apply to proceedings taken after the sale, by the purchaser or holder of the tax sale certificate, under a statute to procure a deed or perfect title; or

(9) in the absence of fraud, to contest or set aside the tax sale certificate, notice and affidavit of service recorded as a deed, after 2 years from the date of their record; or

(10) to review an ordinance for an improvement after the contract therefor shall have been awarded; or

(11) to review any resolution or ordinance authorizing the issuance of notes or bonds of any municipality or other political subdivision, after 20 days from the date of the first publication thereof following final passage.

(c) Enlargement. The court may enlarge the period of time provided in paragraph (a) or (b) of this rule where it is manifest that the interest of justice so requires.