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Original WP 5.1 Version
This case can also be found at 137 N.J. 136.
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for
the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please
note that, in the interests of brevity, portions of any opinion may not have been summarized).
Argued March 1, 1994 -- Decided August 4, 1994
POLLOCK, J., writing for a majority of the Court.
On December 22, 1992, the Point Pleasant Borough Council adopted an amendment to its zoning
ordinance that permitted, for the first time, retail uses in Town Center, a section of the Borough. Thereafter,
A&P sought to establish a supermarket in Town Center. It purchased a tract of land and submitted plans to
the Planning Board, which deemed A&P's application complete in September 1993.
In the interim, on July 20, 1993, the Council adopted a resolution that asked the Ocean County Clerk
to place a "question" on the general-election ballot concerning a repeal of the amendment to the zoning
ordinance. On September 16, 1993, A&P filed a suit in the Law Division, contending that the proposed public
question was a "referendum" prohibited by the Municipal Land Use Law (MLUL). The Borough took the
position that the question was a non-binding referendum, which was not prohibited. The Law Division found
for A&P, finding that both binding and non-binding referenda were prohibited by the MLUL.
On an application for emergent relief, the Appellate Division reversed the trial court. The Supreme
Court denied A&P's motion for a stay, and the election went forward. By a vote of 3,789 to 2,078, the voters
of Point Pleasant expressed their preference to have the zoning ordinance amended to prohibit retail operations
in Town Center. The Council adopted such an amendment, and the Planning Board thereafter determined that
it no longer had jurisdiction over A&P's site plan application.
The Court granted A&P's petition for certification.
HELD: The provision in the Municipal Land Use Law that precludes the adoption of a zoning ordinance by
referendum does not prohibit the use of a non-binding referendum.
1. One purpose of the MLUL is to coordinate municipal land-use development. The entire zoning process is
replete with the opportunity for public participation. (pp. 6-7)
2. Section 62.b of the MLUL states that no zoning ordinance shall be submitted to, or adopted by, initiative or
referendum. As customarily used, "referendum" includes binding public actions only. (pp. 7-11)
3. A separate statute (N.J.S.A. 19:37-1) authorizes a governing body to ascertain public sentiment before that
body acts. It provides a method to gauge public opinion through the use of non-binding referenda. In the
absence of a clear expression of legislative intent, the Court cannot exclude voters from that process. (pp. 11-13)
4. Non-binding referenda do not conflict with the purposes of the MLUL. Indeed, after submitting a non-binding question to the voters, the governing body must still comply with the requirements for amending a zoning
ordinance. (pp. 13-15)
5. Here, the governing body pursued a course of action that the MLUL does not expressly address. The
submission of the public question to the voters provides "an additional approach to the legislative ear." (pp. 15-18)
6. Non-binding referenda are not tantamount to binding referenda. (pp. 19-21)
The judgment of the Appellate Division is AFFIRMED.
JUSTICES CLIFFORD, O'HERN, and GARIBALDI join in JUSTICE POLLOCK's opinion. JUSTICE
STEIN has filed a separate dissenting opinion, in which JUSTICE HANDLER joins. CHIEF JUSTICE
WILENTZ did not participate.
STEIN, J., dissenting, is of the view that by mistakenly permitting the use of non-binding referenda to affect a municipality's zoning decisions, the Court undermines a process that has been carefully developed over more than sixty years to protect property owners and the public from zoning decisions based on considerations other than sound and comprehensive planning.
A- 112 September Term 1993
Argued March 1, 1994 -- Decided August 4, 1994
On certification to the Superior Court,
Appellate Division.
Gail L. Price argued the cause for appellant
(Beattie Padovano, attorneys; Thomas W. Dunn,
on the brief).
Jerry J. Dasti argued the cause for
respondent (Dasti, Murphy & Wellerson,
Fred G. Stickel, III, General Counsel, argued
the cause for amici curiae, New Jersey State
League of Municipalities and Institute of
Municipal Attorneys.
The opinion of the Court was delivered by
A section of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-62.B (section 62.b), prohibits the adoption or amendment of a zoning ordinance by referendum. The Law Division held that the prohibition includes a non-binding referendum. In an unpublished opinion, the Appellate Division reversed. We granted the petition for certification of The Great Atlantic and Pacific Tea Company, Inc. (A&P), 134 N.J. 560 (1993), and now affirm the judgment of the Appellate Division. We hold that the prohibition in section 62.b against the adoption of a zoning ordinance by referendum does not include a non-binding referendum.
On December 22, 1992, the Point Pleasant Borough Council (the Borough or the Council) adopted Ordinance 92-70, an amendment to its zoning ordinance that permitted retail uses in Town Center, a section of Point Pleasant. Before that amendment, the zoning ordinance forbade such uses in Town Center. According to the Master Plan, the purpose of Town Center is to "allow either the establishment of low-intensity, nonretail commercial uses such as offices, or in the alternative, to look for the acquisition of all or part of the remaining vacant land to provide a more intensive area for public purposes."
After the 1992 amendment, A&P sought to establish a supermarket in Town Center. It purchased a tract of land and submitted a general concept plan to the Planning Board (the Board). A&P revised the plan, and the Council amended several
bulk requirements to accommodate A&P's plan. A&P then filed an
application for site plan approval with the Board, which deemed
the application complete in September 1993.
In the interim, on July 20, 1993, the Council adopted a
resolution that requested the Ocean County Clerk to place on the
November general-election ballot a "question" concerning the
repeal of Ordinance 92-70. The question and interpretive
statement read:
Should the Borough Council amend the Borough
Zoning Ordinances to prohibit retail uses, in
the Town Center Zone?
The Borough Council has amended the Borough
Zoning Ordinances to allow for retail uses in
the Town Center Zone. If the zoning, as
currently amended, remains retail[,] uses
such as an A&P supermarke[t] will be allowed
as a permitted use in the Town Center Zone.
On September 16, 1993, A&P filed a complaint in the Law Division to enjoin placing the question on the November general-election ballot. A&P contended that the proposed public question was a prohibited referendum. The Borough answered that section 62.b did not apply because it concerned only referenda that were binding, not those that were non-binding public questions. At the hearing before the Law Division, the Borough offered to revise the wording of the question to clarify that an
affirmative vote would mean that the Borough would consider
amending the ordinance, not that it was bound to do so.
The Law Division ruled for A&P, determining that the
resolution was "an [ordinance], an amendment or revision to the
existing zoning ordinance," and rejected the Borough's offer to
revise the question. The court further determined that section
62.b did not distinguish between binding and non-binding
referenda and that the MLUL specifically provided alternative
means for public comment. Finally, the court held that a
municipality's zoning power was a delegation of the State's
police power and that the Borough could not delegate that power
to the public through a referendum. Consequently, the Law
Division declared the resolution invalid and enjoined the county
clerk from placing the question on the ballot.
On the Borough's application for emergent relief, the Appellate Division reversed and remanded the matter to the Law Division for entry of an order denying A&P relief. In a brief statement accompanying the order, the Appellate Division stated that section 62.b did not prohibit a municipality from submitting a non-binding question to voters pursuant to N.J.S.A. 19:37-1. The court stated that section 62.b applied only to binding referenda and that non-binding referenda permitted by N.J.S.A. 19:37-1 are "a better means for the governing body to gather a true representation of public sentiment" than public meetings
required by the MLUL. We denied A&P's application for a stay,
and the election proceeded.
By a vote of 3,789 to 2,078, the voters of Point Pleasant
expressed their preference that the Council amend the zoning
ordinance to prohibit commercial retail uses such as A&P's
supermarket in Town Center. One week later, on November 9, 1993,
the Council adopted on first reading Ordinance 93-30, which
amended the zoning ordinance to prohibit such uses. The Planning
Board declined to make recommendations about the ordinance
because it believed that such action would constitute a conflict
of interest with its duty to review A&P's site plan. On December
21, 1993, the Council passed the ordinance on second reading, and
the mayor signed the ordinance the next day.
Meanwhile, the Planning Board conducted hearings in October
and November on A&P's site plan. Following a hearing on December
16, 1993, A&P agreed to an extension beyond December 21, the date
of the Council's scheduled second reading of Ordinance 93-30.
Consequently, the Planning Board scheduled a hearing for January
6, 1994.
On January 6, however, the Planning Board refused to continue the hearings, because it was uncertain whether Ordinance 93-30 had been filed with the county planning board as required by N.J.S.A. 40:55D-16. If the ordinance had been filed, A&P's proposed supermarket would be a non-conforming use and the
Planning Board would not have had jurisdiction to review the site
plan. After adjourning the matter until January 13, the Board
determined that it never had had jurisdiction to consider A&P's
application, because Ordinance 92-70, the earlier amendment that
permitted commercial retail uses in Town Center, had never been
filed with the county planning board.
In municipal government, few issues generate as much public interest as the control of land-use development. Zoning ordinances touch people where they live. Sensitive to the intense public interest in local land-use development, the Legislature has developed an orderly structure for public participation in the process. That process also contemplates the rational development of land use, free from undue political influence. This appeal questions whether the Legislature has banned local voters from expressing a non-binding preference for proposed zoning amendments.
One purpose of the MLUL, N.J.S.A. 40:55D-1 to -129, was to coordinate municipal land-use development. The MLUL incorporates statutory regulations concerning zoning and planning, planned unit developments, site-plan approval, and the adoption of master plans. Senate and County Mun. Gov't Comm., Statement to Senate Bill No. 3054, 1, 67 (May 8, 1975) (Committee Statement). Through the MLUL, the Legislature intended to simplify procedures for land-use regulation, eliminate jurisdictional overlaps,
reduce costs, and promote construction. Id. at 1; see also
N.J.S.A. 40:55D-2 (outlining intent and purpose of MLUL). The
MLUL also recognizes "the increasing awareness of the public
involvement and right-to-know . . . ." Office of Governor
Brendan T. Byrne, Press Release (Jan. 14, 1978) ("This measure
should reduce costs, cut red tape and promote needed
construction."). See The Municipal Land Use Law, New Jersey
Municipalities, Mar. 1976, at 8 (New Jersey Municipalities).
The zoning process begins with the adoption of a master plan
by the planning board. See N.J.S.A. 40:55D-23 to -28. Once the
planning board adopts a master plan, the municipality may then
enact a conforming zoning ordinance. See N.J.S.A. 40:55D-62.a.
When adopting a zoning ordinance, the governing body introduces
the ordinance on first reading, N.J.S.A. 40:49-2.a; publishes a
notice of a public hearing, N.J.S.A. 40:49-2.b; submits the
ordinance to the planning board for review, N.J.S.A. 40:55D-26.a,
-64; and considers the ordinance for adoption after a second
reading, N.J.S.A. 40:49-2.c. In a borough such as Point
Pleasant, after the mayor signs the ordinance in accordance with
N.J.S.A. 40A:60-5.d, the governing body must file the ordinance
with the county planning board. N.J.S.A. 40:55D-16. The entire
process is replete with the opportunity for public participation.
See generally William M. Cox, New Jersey Zoning and Land Use
Administration §§ 34-1 to 34-2.5, at 498-505 (1994) (reviewing
procedure for adopting zoning ordinances).
Until the Legislature included section 62.b in the MLUL in 1975, only judicial decisions restricted the use of referenda on zoning ordinances. Prior statutes had not prohibited referenda. Compare N.J.S.A. 40:55D-62.b with R.S. 40:55D-30 to -32.
Section 62.b provides: "No zoning ordinance and no
amendment or revision to any zoning ordinance shall be submitted
to or adopted by initiative or referendum." The question is
whether "referendum" in section 62.b includes a non-binding
N.J.S.A. 19:37-1 defines a non-binding referendum,
identified as an "[o]rdinance or resolution for submitting
When the governing body of any
municipality or of any county desires to
ascertain the sentiment of the legal voters
of the municipality or county upon any
question or policy pertaining to the
government or internal affairs thereof, and
there is no other statute by which the
sentiment can be ascertained by the
submission of such question to a vote of the
electors in the municipality or county at any
election to be held therein, the governing
body may adopt at any regular meeting an
ordinance or a resolution requesting the
clerk of the county to print upon the
official ballots to be used at the next
ensuing general election a certain
proposition to be formulated and expressed in
the ordinance or resolution in concise form.
Such request shall be filed with the clerk of
the county not later than 74 days previous to
the election.
A&P argues that the absence of a distinction in section 62.b between binding and non-binding referenda signifies that the Legislature intended to proscribe all forms of referenda, both binding and non-binding. We disagree.
The MLUL does not define the term "referendum." See N.J.S.A. 40:55D-6 (defining terms "P to R" in MLUL). When construing legislation, in the absence of a specific definition, we give words their ordinary and well-understood meanings. Levin v. Township of Parsippany-Troy Hills, 82 N.J. 174, 182 (1980). Ordinarily, "referendum" does not include non-binding public questions. "Referendum" ordinarily refers to the power of the people to approve or reject legislative action, including specific legislation. See 42 Am. Jur 2d Initiative and Referendum § 1, at 649 (1969) ("The term 'referendum' refers to the power reserved to the people in some jurisdictions to approve or reject at the polls any act of the legislature, and also encompasses the power of the people to approve or reject
legislation which has been referred to them by the legislature.")
(footnotes omitted); see also City of Eastlake v. Forest City
Enter., Inc.,
96 S. Ct. 2358, 2364,
49 L. Ed.2d 132, 140 (1976) ("'A referendum . . . is the city itself
legislating through its voters -- an exercise by the voters of
their traditional right through direct legislation to override
the views of their elected representatives as to what serves the
public interest.'" (quoting Southern Alameda Spanish Speaking
Org. v. City of Union City,
424 F.2d 291, 294 (9th Cir. 1970));
J.R. Kemper, Annotation, Adoption of Zoning Ordinance or
Amendment Thereto as Subject of Referendum,
72 A.L.R.3d 1030 n.2
(1976) (defining "referendum" as "the power reserved to the
people in some jurisdictions to approve or reject at the polls
any act of the legislature. . . . [I]t is the power of the
people to approve or set aside a measure which has actually been
theretofore passed or adopted by a legislative body . . . ."); 35
New Jersey Practice, Local Government Law § 484, at 337 (Michael
A. Pane) (2d ed. 1993) ("Referendum is the power to place enacted
ordinances on the ballot for ratification by the voters.");
Black's Law Dictionary 1152 (5th ed. 1979) ("Reservation by
people of a state, or local subdivision thereof, of right to have
submitted for their approval or rejection, under prescribed
conditions, any law or part of law passed by lawmaking body.").
Hence, the term "referendum" does not include all public
participation in governmental affairs. As customarily used,
"referendum" includes binding public actions only.
To the same effect, N.J.S.A. 40:69A-185, a provision of the
Faulkner Act, N.J.S.A. 40:69A-1 to -210, defines "referendum" as
the voters' "power to approve or reject at the polls any
ordinance submitted by the council to the voters or any ordinance
passed by the council . . . ." Although Point Pleasant is not
organized under the Faulkner Act, this provision sheds light on
the Legislature's understanding of the meaning of the word
"referendum." As used in the Faulkner Act, "referendum" means a
vote that is binding. We have no reason to believe that the
Legislature intended to impute a different meaning to
"referendum" in section 62.b.
Read literally, the terms of N.J.S.A. 19:37-1 refer not to
"referenda," but to the submission of public questions. Although
such questions are commonly described as "non-binding referenda,"
see New Jersey State AFL-CIO v. Bergen County Bd. of Chosen
121 N.J. 255, 258 (1990) (referring to public
question submitted pursuant to N.J.S.A. 19:37-1 as "non-binding
referendum"); Borough of Eatontown v. Danskin,
121 N.J. Super. 68, 72 (Law Div. 1972) (same); 35 New Jersey Practice, supra,
§ 483 (same); N.J.S.A. 19:37-1 (same, referring to statutory
title), that reference cannot transform a public question into a
binding referendum.
The authorization in N.J.S.A. 19:37-1 to ascertain voter sentiment on public questions differs fundamentally from the power to ask voters to approve or to reject a specific
legislative act. N.J.S.A. 19:37-1 authorizes a governing body to
ascertain public sentiment before that body acts. It provides a
method to gauge public opinion, which the governing body may
consider or ignore in determining an appropriate course of
action. In contrast, a referendum reviews already-taken
governmental action and constitutes final voter acceptance or
rejection of that action. Because of these differences, we
believe that the plain meaning of "referendum" in section 62.b
does not include questions such as the one at issue here.
The dissent argues that the use of the verb "submitted" in
section 62.b must mean that the Legislature contemplated
prohibiting non-binding referenda. Post at ___ (slip op. at
10-12). Nothing in the words or history of section 62.b supports
the argument. In the Faulkner Act, moreover, the Legislature
used "submitted" when referring to action by initiative, N.J.S.A.
40:69A-184, or referendum, N.J.S.A. 40:69A-185. Both forms of
action result in action that is binding on the governing body.
Contrary to the dissent, the use of "submitted" in section 62.b
does not establish that the Legislature contemplated prohibiting
a non-binding referendum. In effect, the dissent asks the verb
to carry too much weight. We are satisfied that section 62.b
prohibits only a binding referendum.
The Legislature enacted N.J.S.A. 19:37-1 in 1930, L. 1930, c. 187. Consequently, we presume that when the Legislature
enacted section 62.b in 1975, L. 1975, c. 291, it knew that N.J.S.A. 19:37-1 already provided for submitting non-binding public questions to voters. We also presume that the Legislature knew that the term "referendum" did not include a vote on these public questions. Had the Legislature intended to preclude non-binding voter participation in the enactment of zoning ordinances, it could have expressly stated that section 62.b extends to a referendum, whether binding or non-binding. In the absence of a clear expression of legislative intent, we cannot exclude the public from expressing a preference on a matter of such importance as an amendment to a zoning ordinance. Any exclusion of voters from the democratic process must come from the Legislature, not from this Court.
A&P also argues that non-binding referenda conflict with the purposes of the MLUL, which the Legislature designed to ensure rational land-use planning, to balance the needs of affected property owners and of the public, and to provide for public hearings. Committee Statement, supra, at 1, 67; New Jersey Municipalities, supra, at 8. We find no such conflict.
The legislative history of the MLUL suggests that the Legislature was concerned with binding, not non-binding, public action. Article 8 of the MLUL was intended to "generally follow[] existing law and case law." New Jersey Municipalities,
supra, at 23; see also Committee Statement, supra, at 2 (stating
that many changes in MLUL "involve the incorporation of case law
into the planning statutes"). Prior land-use statutes did not
proscribe either referenda or public questions. See R.S.
40:55-30 to -32. Pre-MLUL judicial decisions involved attempts
to submit only binding referenda on zoning ordinances.
Two pre-MLUL cases involving municipalities established
under the Faulkner Act are illuminating. In the first case,
Smith v. Township of Livingston,
106 N.J. Super. 444, aff'd o.b.,
54 N.J. 525 (1969), the Chancery Division characterized the
zoning act as an exclusive grant of legislative power to
municipal governing bodies. It held that the act prevented
voters from exercising the power of initiative under N.J.S.A.
40:69A-185. Id. at 457. Using the same reasoning, the Appellate
Division in Township of Sparta v. Spillane,
125 N.J. Super. 519,
525 (1973), certif. denied,
64 N.J. 493 (1974), held that the
zoning act prohibited a binding referendum on a zoning amendment
under N.J.S.A. 40:69A-185. Smith and Spillane recognized that
binding actions, such as an initiative or a referendum, should
not extend to zoning ordinances. Such measures would circumvent
statutory procedural requirements and effectively remove local
governmental bodies from rational land-use planning.
Only one pre-MLUL case involved a non-binding referendum on a zoning amendment. In Danskin, supra, 121 N.J. Super. 68, objectors to a zoning amendment sought to place a non-binding
referendum on the general-election ballot pursuant to N.J.S.A.
19:37-1. The court rejected their application as untimely. Id.
at 78. In dicta, the court endorsed non-binding referenda:
the statutory device considered here for
ascertaining voter sentiment is so obviously
useful to those who are burdened with the
duty of promoting the public welfare that a
court should interfere only where a misuse is
plain and that the courts should favor every
effort by those charged with the
responsibility of government to canvass the
sentiment of the electorate where public
policy is concerned.
When interpreting legislation, we presume that the
Legislature is familiar with existing case law. Yanow v. Seven
Oaks Park, Inc.,
11 N.J. 341, 350 (1953). Consequently, we
assume that the Legislature knew that Smith and Spillane
prohibited initiatives and referenda and that Danskin approved
non-binding referenda. Nothing in the MLUL indicates that the
Legislature intended to change the result in any of those cases.
second reading. Furthermore, the Council grounded the
prohibition of retail commercial uses in Town Center in
traditional zoning considerations. Those considerations included
compliance with the master plan, which permitted commercial uses
as conditional uses only and did not include retail uses such as
the A&P supermarket. The Council also considered traffic
congestion, drainage problems, and public opinion. Here, the
public expressed its opinion not only at the public hearings, but
also in the non-binding referendum.
In an analogous case, Messer v. Township of Burlington,
172 N.J. Super. 479, 484-85 (1980), the Law Division considered the
validity of an ordinance that required zoning and planning boards
to hear applications for rezoning and to make recommendations to
the governing body, which could then either grant or deny the
applications. Although the MLUL did not expressly provide for
this procedure, the court in Messer concluded that the procedure
was permissible. Id. at 485. The court stated, "the rezoning
procedure authorized by the township merely permits the
initiation of a request for an amendment and does not affect the
discretion which the governing body has in such matters." Ibid.
"[I]t confers a benefit by providing an additional approach to
the legislative ear." Id. at 486.
Here, as in Messer, the governing body pursued a course of action that the MLUL did not expressly address. In Messer, the governing body ordained that it could require zoning and planning
boards to make recommendations concerning zoning amendments.
Here, the governing body resolved to ascertain public opinion on
the challenged amendment.
Like the authorization to proceed before the Planning Board
or Board of Adjustment, the submission of a public question to
voters provides "an additional approach to the legislative ear."
As the court stated in Messer:
The method by which a governing body may
launch an amendment for consideration is not
set forth [in the MLUL]. . . . It may be
commenced in any of the myriad of ways in
which legislation is brought about, e.g.,
through public petition, correspondence,
public appearances and communications of all
kinds from the community.
Like the property owners in Messer, the voters of Point Pleasant
could have appeared before the township
council and requested [that the zoning
ordinance be changed to prohibit retail
commercial uses in Town Center]; the
governing body, if it so chose, could have
acceded to [their] request. The procedure
established by [submission of the question to
the voters] established one method by which
legislative needs may be brought to its
council's attention.
Finally, the Senate Committee Statement accompanying the MLUL explains that section 62.b "[p]rohibits zoning by initiative
and referendum . . ., although protest referendums, on proposed
amendment or revision of zoning ordinances, are retained . . .."
Committee Statement, supra, at 5. This exception for "protest
referendums" sheds little light on whether the Legislature
intended to prohibit non-binding referenda. As defined by
N.J.S.A. 40:55D-63, "protest referendum" refers not to the
submission of a question to a public vote, but to the procedure
by which the owners of twenty percent or more of affected
property may prevent a zoning amendment from taking effect
"except by a favorable vote of two-thirds of all the members of
the governing body of the municipality." That section carries
forward a similar provision from pre-existing zoning law. See
Levin, supra, 82 N.J. at 180-82 (discussing protest provision
under MLUL and prior law). The retention of a requirement of a
heightened vote of a governing body because of a protest by
twenty percent of affected property owners hardly suggests that
the Legislature intended to deprive the general public of the
right to express a preference on a proposed zoning amendment. If
anything, the inclusion of the protest provision reflects the
Legislature's concentration on the expression of public opinion
that affects governmental action legally, not an expression that
is purely advisory.
A&P argues that the non-binding referendum was a "de facto" referendum that coerced the Council into adopting Ordinance 93-30. The argument has no merit.
Non-binding public questions are not tantamount to binding
referenda. N.J.S.A. 19:37-1 authorizes a governing body to
submit a public question on "any question or policy." The
statute makes no exception for zoning amendments. A&P's fear
about the deleterious effect of a non-binding plebiscite would
apply whenever municipal authorities seek public guidance on any
of the wide range of issues authorized by the statute. The
Legislature did not share that fear, stating: "Such result shall
not bind the governing body from which the ordinance or
resolution emanated, nor be taken or construed as other than an
expression of sentiment by the voters, to be followed or
disregarded by the governing body in its discretion." N.J.S.A.
Similarly, courts have rejected non-binding referenda only when the submitted questions have not pertained to issues over which the submitting body has any authority, see Board of Chosen Freeholders v. Szaferman, 117 N.J. 94, 106-07 (1989) (holding impermissible counties' non-binding referenda to advise Legislature on automobile-insurance regulations because issue was committed solely to Legislature); New Jersey State AFL-CIO,
supra, 121 N.J. at 260-61 (holding counties' non-binding
referenda on tax and school-aid laws impermissible because
counties had no power over issue), or when another statute
provides for measuring public sentiment, see Board of Educ. v.
City of Hackensack,
63 N.J. Super. 560, 568 (1960) (holding
impermissible non-binding referendum concerning school
construction bond issue because another statute permitted
submission of question). By contrast, the Legislature has
specifically delegated the zoning power to municipal governing
bodies. Hence, the Borough possessed the power to act on the
issue that was the subject of the public question.
Also, the MLUL does not provide an alternative mechanism to
ascertain public sentiment on zoning issues. We distinguish
Hackensack, supra, because the statute involved in that case,
R.S. 18:6-63, permitted the governing body to "call for a popular
referendum at any general, special or municipal election
confirming an ordinance authorizing the issuance of bonds" for
school construction. 63 N.J. Super. at 565. The statute
afforded an "alternative statutory mechanism for determining
voter sentiment which preclude[d] use of the non-binding
referendum under N.J.S.A. 19:37-1 by express declaration of that
provision." Id. at 568. In contrast, the MLUL does not provide
an "alternative statutory mechanism for determining voter
Protest referenda, as authorized by N.J.S.A. 40:55D-63, are
not votes by the electorate of a municipality within the meaning
of N.J.S.A. 19:37-1, but are expressions of opinion by a limited
group of affected property owners. Moreover, public hearings, as
useful as they are, do not necessarily measure the sentiment of
the entire community. More often, like protest referenda, they
provide an outlet for neighbors and others directly affected by a
land-use proposal.
Finally, we reject A&P's argument that the expression of
voter sentiment in a general vote contravenes the MLUL. The
design of the MLUL, which invites public participation at every
material step, see N.J.S.A. 40:55D-10 (requiring hearing for
applications for development and for adoption of master plan);
N.J.S.A. 40:49-2 (requiring public hearing at readings of zoning
ordinances), supports the conclusion that non-binding referenda
are permissible. One goal of the MLUL was to encourage public
involvement in land-use planning and development. See supra at
___ (slip op. at 6) (discussing Committee Statement). Nothing in
the MLUL suggests that the Legislature intended that punctilio
We conclude that the MLUL does not forbid voters from expressing their opinions on a proposed zoning amendment by
voting on a public question. Nothing in section 62.b or in
N.J.S.A. 19:37-1 precludes a governing body from measuring the
non-binding sentiment of the public. Non-binding referenda,
moreover, do not subvert the purpose of the MLUL. A
municipality must still conform, as the Borough conformed here,
to the procedural requirements of the MLUL. In the absence of an
express statutory provision to the contrary, we construe section
62.b as not prohibiting a non-binding referendum under N.J.S.A.
The judgment of the Appellate Division is affirmed.
A- 112 September Term 1993
STEIN, J., dissenting.
The practice of submitting questions to the public in the
form of a non-binding referendum has obvious appeal. It allows a
municipality quickly to poll the public on a specific issue. It
also affords the voting public a sense of participation in
municipal affairs.
effects of arbitrariness and political influence in zoning
"Zoning is a separation of the municipality into districts, and the regulation of buildings and structures in the districts so created, in accordance with their construction and the nature and extent of their use." Mansfield & Swett, Inc. v. Town of West Orange, 120 N.J.L. 145, 149 (Sup. Ct. 1938). Zoning regulates "the type of building development [that] can take place on the land * * * ." Levin v. Township of Livingston, 35 N.J. 500, 506 (1961). Municipal planning, on the other hand, "is concerned with the interrelationships and organization of land uses, including not only the physical ways in which land is developed but the manner of its use and the existence of municipal facilities to facilitate such use." 1 Edward H. Ziegler, Jr., Rathkopf's The Law of Zoning and Planning § 1.05, at 1-49 (1994). Thus, zoning is the mechanism for the regulation
of development, whereas planning provides a context and guides
the manner in which that mechanism is to be applied. See ibid.
first zoning enabling statute, the Zoning Act of 1928, two years
prior to the State's first planning enabling legislation, the
Planning Act of 1930 (Planning Act). The Planning Act provided
for the creation of municipal planning boards authorized to "make
and adopt a master plan for the physical development of the
municipality," L. 1930, c. 235, § 5, and to make recommendations
to the local governing body regarding changes or additions to the
official map of the municipality, L. 1930, c. 235, § 7.
No doubt good housekeeping would be
served if a zoning ordinance followed and
implemented a master plan, but the history of
the subject dictated a different course. * *
* * * *
* * * Our own decisions emphasize that
[the function of a comprehensive plan] is to
prevent a capricious exercise of the
legislative power resulting in haphazard or
piecemeal zoning. Without venturing an exact
definition, it may be said for present
purposes that "plan" connotes an integrated
product of a rational process and
"comprehensive" requires something beyond a
piecemeal approach, both to be revealed by
the ordinance considered in relation to the
physical facts and the purposes authorized by
In Kozesnik, the Court stressed the importance of a rational and deliberative approach to zoning that would examine a zoning proposal in the context of related planning objectives. However, it stopped short of requiring that zoning changes conform to a
plan that would exist independently of the zoning ordinance
itself. Id. at 166.
Under the MLUL, the process by which a municipality enacts a zoning ordinance or a zoning amendment begins with the same procedure by which that municipality would adopt any other ordinance. See N.J.S.A. 40:49-2; William M. Cox, New Jersey
Zoning and Land Use Administration § 34-1, at 498 (1994).
However, additional requirements attend the adoption of zoning
ordinances and amendments. A zoning ordinance may be adopted
only after the planning board has adopted the land-use-plan and
housing-plan elements of a master plan. N.J.S.A. 40:55D-62a.
Furthermore, to ensure that a proposed zoning amendment is
consistent with the master plan, the governing body must refer
the proposed amendment to the planning board for comment and
report. N.J.S.A. 40:55D-64, -26a.
can examine its future development and planning needs and can
make changes in the master plan to reflect those needs.
Similarly, in North Bergen Action Group v. Planning Board,
122 N.J. 567 (1991), we emphasized: "Because zoning restrictions are
enacted to further municipal planning and zoning objectives, it
is fundamental that resolutions granting variances undertake to
reconcile the deviation authorized by the Board with the
municipality's objectives in establishing the restriction." Id.
at 578.
The provision in the MLUL, N.J.S.A. 40:55D-62b (section 62b), that the Court interprets today is contained in the same statutory section that requires zoning changes or amendments to be "substantially consistent with" or "designed to effectuate" the land-use element of the master plan. See N.J.S.A. 40:55D-62a. The Court, however, ignores or overlooks the obvious significance of the placement of the anti-referendum provision within the same section requiring that zoning ordinances adhere to the master plan.
Section 62b states: "No zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum." The municipality argues that section 62b precludes the use of binding referenda but allows non-binding referenda as a means of polling the public on a proposed zoning change, in accordance with N.J.S.A. 19:37-1. The purpose of non-binding referenda "is to encourage citizen
interest and participation in municipal affairs." Borough of
Eatontown v. Danskin,
121 N.J. Super. 68, 76 (Law Div. 1972).
Furthermore, non-binding referenda are considered "so obviously
useful to those who are burdened with the duty of promoting the
public welfare that a court should interfere only where a misuse
is plain * * * ." Id. at 75. The process for presenting a
question to the public under N.J.S.A. 19:37-1 is straightforward.
The governing body of a municipality must adopt an ordinance or a
resolution requesting the county clerk to print on the ballots to
be used at the next general election "a certain proposition to be
formulated and expressed in the ordinance or resolution in
concise form." N.J.S.A. 19:37-1. The request must be filed no
later than seventy-four days prior to the election. Ibid.
The majority concludes that the plain language of section
62b demonstrates that the Legislature did not intend to bar the
submission of zoning ordinances or amendments to non-binding
referenda. However, a careful reading of that provision reveals
that the term "referendum" was intended to include both binding
and non-binding referenda.
* * * referendum." (Emphasis added.) Contrary to the majority's
understanding that section 62b is directed only at binding
referenda, because such referenda "review[] already-taken
governmental action and constitute[] final voter acceptance or
rejection of that action," ante at ___ (slip op. at 12), the
Legislature's use of the term "submitted" demonstrates that it
was not concerned solely with binding referenda. That the
Legislature chose to bar the submission, as well as the adoption,
of zoning proposals through referendum emphasizes the
Legislature's intention to insulate zoning ordinances or
amendments from either binding or non-binding expressions of
public opinion. Accordingly, by prohibiting the submission of
zoning proposals to the referendum process, the Legislature
effectively conveyed its intention to protect the carefully
established statutory-review process for zoning ordinances from
the influences of a non-binding public-opinion poll.
Board of Chosen Freeholders,
121 N.J. 255, 259 (1990) (describing
N.J.S.A. 19:37-1 as "the non-binding referendum law"); Board of
Chosen Freeholders v. Szaferman,
117 N.J. 94, passim (1989)
(describing question proposed for inclusion on ballot under
N.J.S.A. 19:37-1 as "referendum question"); see also Danskin,
supra, 121 N.J. Super. at 76 (describing question submitted under
N.J.S.A. 19:37-1 as "referendum"). The majority's legalistic
interpretation of the term "referendum" to include only binding
expressions of public opinion is unrealistically restrictive and
is contradicted by this Court's prior use and understanding of
the term.
master plan in place before adopting any new zoning ordinances.
In fact, the very section of the law that the Court today
construes to permit submission of zoning ordinances and
amendments to non-binding referenda is the same section that
requires that such ordinances and amendments be adopted in
accordance with the master plan. The Court's conclusion that the
Legislature simultaneously decided, in the same section of the
MLUL, to authorize submission of zoning amendments to public
referenda while inextricably linking the zoning function with
comprehensive planning is simply incongruous.
Today the Court interprets a provision of the MLUL in the
abstract, ignoring the long history of efforts to safeguard
zoning from haphazard or politically-motivated decisions, a
history to which this Court has contributed significantly. Were
we faithful to that history, we would reverse the judgment of the
Appellate Division.
Justice Handler joins in this dissent.
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Bare Necessities' Live Bra Fit Webcast Takes Over The Web January 16, 2013
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text:
Originally posted on Things I tend to forget:
Zach Mayer's work reproducing John Hussman's Recession Warning Composite prompted me to dig this trick out of my (Evernote) notebook.
First, let's grab some data to plot using the very handy
getSymbols() function from Jeffrey Ryan's quantmod package. We'll load the U.S. unemployment rate (
UNRATE) from the St. Loius Fed's Federal Reserve Economic Data (
src="FRED") and load the time series into a
Now FRED provides a
USREC time series which we could use to draw the recessions. It's a bit awkward, though, as it contains a boolean to flag recession months since January 1921. All we really want are the start and end dates of each recession. Fortunately, the St. Louis Fed publishes just such a table on their web site. (See the answer to "What dates are used for the US recession…
View original 170 more words


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Current Articles
From the Illinois Department of Natural Resources
-- Firearm Deer Permits: Aug. 14 is the deadline to apply for the second lottery for resident and non-resident Illinois firearm and muzzleloader deer permits for the 2009 season. To apply online, click on "Online Licenses" on the home page of the IDNR web site at http://dnr.state.il.us.
Non-Resident Archery Deer Permits: Remaining 2009 Illinois Non-Resident Archery Deer Combination Permits (one either-sex and one antlerless only) will be available on a first-come, first-served basis beginning at 8 a.m., CDT on Tues., Aug. 11. Hunters may purchase remaining permits over-the-counter from a license vendor, through the DNR Direct online license system on the IDNR web site at http://dnr.state.il.us, or by calling toll-free 1-888-6PERMIT (1-888-673-7648). All non-resident hunters who applied for a combination archery permit during the June 2009 application period will receive their permit in the mail by mid August.
Resident Archery Deer Permits: Illinois resident deer hunters will be able to purchase 2009 Illinois Archery Deer Hunting permits (combination archery and antlerless-only archery permits) over-the-counter from DNR Direct permit sale locations throughout Illinois beginning in mid August. The archery deer season opens Oct. 1.
Youth Firearm Deer Hunt: The Illinois Youth Either-Sex Firearm Deer Hunt is Oct. 10-11. Permits for this season will be available over-the-counter from DNR Direct license and permit vendors beginning in September.
Free Dove Permit Deadline Aug. 5: The deadline is Aug. 5 for dove hunters to apply for 2009 free dove hunting permits. Those Illinois resident hunters who have not applied for this year's hunt or were unsuccessful in daily drawings, along with non-resident hunters, may call-in their application by Aug. 5 at 4:30 p.m. The number to call to apply for the free dove hunting permit for open areas and dates is 217/524-6514. For more details, click on the link to the 2009 Free Dove Hunting information sheet at http://www.dnr.state.il.us/admin/waterfowl.htm. (Dove hunting at the areas listed is by permit only for the first five days of the season, Sept. 1-5).
Youth Deer Hunt Changes at Kaskaskia River SFWA: The IDNR will host the annual Special Youth Deer Hunt on the Baldwin Lake rest area at Kaskaskia River State Fish and Wildlife Area on Oct. 10-11 with a different procedure than has been used in recent years. Instead of a pre-registration, the 26 deer hunting locations at the site will be available on a first-come, first-served basis. The special hunt area is between Baldwin Lake and the Doza Creek Waterfowl Management Area.
The main gate at Baldwin Lake will be open until 9 p.m. on Friday, Oct. 9 for youth hunters and accompanying adults to select a deer hunting location and erect a deer stand. (Blaze orange required while at the site). Hunting must be from an elevated stand at least six feet high and within 10 yards of the selected signed and numbered hunting location. Additional rules about the hunt and maps of the special hunt area and hunting locations will be available at the site's check station next to the Baldwin Lake office on Oct. 9 and during the special two-day hunt.
Participating youth must have either a St. Clair County or Randolph County Youth Deer Hunt permit and follow statewide regulations for the youth hunt. In addition to this special hunt at the Baldwin Lake rest area, the rest of the Kaskaskia River SFWA and Turkey Bluffs SFWA south of Chester are also open during the youth hunt. For more information, call Brian Mahan at 618/295-2877.
New Hunting and Trapping Digest Available: The 2009-2010 edition of the Illinois Digest of Hunting and Trapping Regulations is now available online through the IDNR web site at http://www.dnr.state.il.us/publications/. Copies of the free booklet will be available at IDNR offices in the coming weeks. You can also pick up a copy at Conservation World at the Illinois State Fair in Springfield, Aug. 14-23 and at the Du Quoin State Fair, Aug. 29-Sept. 7.
Fall Turkey: The deadline to apply for the second lottery for 2009 Illinois Fall Shotgun Turkey permits is Aug. 24. Hunters can apply online through DNR Direct or with an application form available through the IDNR web site. Click on the Hunting button on the home page at http://dnr.state.il.us and follow the link to Turkey Hunting.
Des Plaines SFWA Permits: Hunters interested in archery deer hunting at Des Plaines State Fish and Wildlife Area can call and arrange to pick up the 2009 archery deer hunting parking permits for the site thru Nov. 30 at the site office located at 24621 North River Road, Wilmington, IL 60481. Hunters who want a parking permit for Des Plaines SFWA must call the site office at 815/423-5326 in advance to make an appointment to obtain the permit. Archery deer hunters wanting a parking permit are required to have a 2009 hunting license and habitat stamp.
Sahara Woods Archery Deer Changes: The IDNR will conduct a new site drawing for the 2009-2010 archery deer hunting program at the Sahara Woods State Fish and Wildlife Area in Saline Co. west of Harrisburg. Hunters interested in bow hunting at Sahara Woods must be present for the site drawing on Sat., Sept. 12. Groups of up to four hunters will be eligible to enter the drawing with one entry per group. Registration will open at 8 a.m. with the drawing beginning at 10:30 a.m. No one may register for the drawing after it begins.
A total of 150 Sahara Woods archery deer hunting site permits for the entire archery deer season will be issued. The drawing will be open to resident and non-resident hunters. Non-residents must have obtained an Illinois non-resident archery deer permit at the time of the drawing to be eligible to participate in the site drawing. The registration and drawing on Sept. 12 will be held at the Sahara Woods SFWA site office, 1210 Tipple Road, Carrier Mills, IL. For more information on the archery deer hunting program and the site drawing for Sahara Woods, contact Eric McClusky at 618/276-4405.
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text:
Why do you test me little one....
So my LC-A meter is either waff or my stop watch lies to me. I process all my own film and i have the temps and time down to a T! But when it comes to this camera and using a slide film that i Xpro it always blowouts! I even rate the film at 200ISO to purposely underexpose it and it still blows out! I think i may stick to c41 films in the LCA and leave the xpro to my EOS-1N that has a fantastic meter.This photo was shot on film. Taken by chilledvondub with a Lomo LC-A loaded with Kodak Ektachrome E100VS film in Horsham, United Kingdom. These tags describe this photo: gomz, russian, ussr, 35mm, e100vs, ektachrome, kodak, xpro, lca, and lomo. Date: 2013-08. Time: Afternoon. This photo can also be found in the album Lomo LC-A vs Kodak Ektachrome E100VS.
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text:
Cleethorpes Town flying after third win in a row
Posted: October 09, 2012|
IT'S now three wins on the trot for Cleethorpes Town after the Owls recorded a hard-fought 3-2 victory over Yorkshire Amateur.
Andy Liddle's men were on the back foot from kick-off and the hosts won a penalty when Clee keeper Scott Drury brought down a Yorkshire forward in the box.
Craig Heard stepped up to put his side in front with less than 10 minutes on the clock.
That goal sparked Cleethorpes into life and it wasn't long before Andy Liddle's men were on terms.
Luke Mascall delivered a good ball into the path of Lee Stephenson, pictured, who headed in at the far post.
The Owls could have taken the lead minutes later but Stephenson shot wide following Marc Cooper's flick-on.
The lively Cooper then hit the woodwork as the sides went in level at half-time.
Again, Cleethorpes started slowly, and Yorkshire went close with a dangerous free-kick.
But Liddle's men continued to work hard and Jonathan Oglesby fired a warning shot when he cut in and fired just wide.
He wasn't to be denied however, and minutes later, when he found a yard of space on the edge of the box, he fired home to give Clee a lead for the first time in the game.
It didn't last long however, as, when the defence failed to clear, Yorkshire took full advantage and pulled level through Kaydon Fishley.
It was becoming an end-to-end match and Cooper went through on goal but could only fire straight at the keeper.
But Cleethorpes finally scored what would prove to be the winner when Stephenson grabbed his second goal of the game by cooly converting a Tim Lowe cross.


text:
IHS To Present At Upcoming Investor Conferences
IHS (NYSE: IHS), the leading global source of information and analytics, today announced that Chairman and Chief Executive Officer Jerre Stead will present an overview of IHS at three separate investor conferences in New York November 6, 7 and 14, 2012.
Stead will present at the Piper Jaffray Technology, Media & Telecommunications Conference on November 6, 2012 at approximately 10:00 a.m. EST. He will also present at the Wells Fargo Securities 2012 Technology, Media & Telecom Conference on November 7, 2012 at approximately 9:05 a.m. EST, and at the J.P. Morgan Ultimate Services Investor Conference on November 14, 2012 at approximately 2:00 p.m. EST.
Live webcasts and replays of the presentations will be available, and can be accessed live at http://investor.ihs.com and for approximately 90 days following the events.
About IHS ( www.ihs.com )IHS (NYSE: IHS) is the leading source of information, insight and analytics in critical areas that shape today's business landscape. Businesses and governments in more than 165 countries around the globe rely on the comprehensive content, expert independent analysis and flexible delivery methods of IHS to make high-impact decisions and develop strategies with speed and confidence. IHS has been in business since 1959 and became a publicly traded company on the New York Stock Exchange in 2005. Headquartered in Englewood, Colorado, USA, IHS is committed to long-term, sustainable growth and employs more than 6,000 people in more than 30 countries around the world. IHS is a registered trademark of IHS Inc. All other company and product names may be trademarks of their respective owners. Copyright © 2012 IHS Inc. All rights reserved.
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text:
A growing hacker collective has broken into the Department of Public Safety website of the US State of Arizona (AZDPS) and released hundreds of classified documents online.
The Thursday evening release, announced on the group's twitter page, accompanied by a press release on its website, gives away a trove of "private intelligence bulletins, training manuals, personal email correspondence, names, phone numbers, addresses and passwords belonging to Arizona law enforcement" in a file called 'chinga la migra' - Spanish for '[expletive] the border police'.
Hiding behind complex levels of internet anonymity, Lulz Security has gained notice recently for hacking websites such as the CIA, US Senate, weapons manufacturer Lockheed Martin Corp. and multiple intrusions into various Sony websites.
The name 'Lulz' in itself is a play off of internet language - of 'laughing out loud', and the group normally ends press releases with "laughing at your security since 2011".
But the latest release stands out from the others, taking a much more serious and politically targeted approach.
Press release
The release states: "We are targeting AZDPS specifically because we are against SB1070 and the racial profiling anti-immigrant police state that is Arizona."
'SB1070' refers to a senate bill, which enables unprecedented levels of communication between local law enforcement agencies and Immigration and Customs Enforcement, therefore allowing measures as harsh as deportation for undocumented immigrants guilty of nothing more than a minor traffic violation.
The release continues: "Every week we plan on releasing more classified documents and embarassing personal details of military and law enforcement in an effort not just to reveal their racist and corrupt nature but to purposefully sabotage their efforts to terrorize communities fighting an unjust 'war on drugs'.
"Hackers of the world are uniting and taking direct action against our common oppressors - the government, corporations, police, and militaries of the world. See you again real soon! ;D"
The 440 megabytes of released documents and data date back several years.
Phone numbers and personal addresses of various officers were released by Lulz, and several of their phones rang constantly on Thursday, according to the Associated Press.
Some of the information released could have larger effects, such as this email, which seems to outline a botched sale of US radio equipment to the Mexican government.
"The FBI asked the Mexican Government to sign an "Intercept Agreement" stating that they would not use these devices to listen to U.S. Government radio traffic, and the Mexican Government declined to sign the agreement. The implication is that obviously the Mexican Government intends to do a lot of listening."
Another email outlined an encounter with a mysterious group of US Marines patrolling the Mexico-US border.
"U.S. Border Patrol agents encountered two subjects who claimed to be members of the Border Watch Group the Blue Lights based on the Caballo Loco Ranch. The subjects, armed with pistols and at least one M4 rifle, were dressed in full desert camouflage uniforms, similar to those of the United States military. They stated they were not members of the Minutemen, but paid contract employees who "get the job done" and "were not just volunteers". They possessed valid United States Marine Corps identification cards."
This most recent release of government data comes as loose and open hacking collectives expand their online attacks around the world, and with near impunity.
But in a new case, a British 19-year-old suspected of involvement with Lulz has been remanded in police custody in London.
Ryan Cleary was arrested on Monday at his home in Wickford, southeast England, as part of a probe by Scotland Yard and the US Federal Bureau of Investigation (FBI) into Lulz Security.
British police on Wednesday charged Cleary with targeting the website of the Serious Organised Crime Agency - Britain's version of the FBI - in an online attack that slowed its servers.
Three people in Spain were arrested a week earlier for alleged involvement in the Anonymous hacking collective.
These arrests send a signal to hackers that their invasions won't be tolerated, but they could also give them ideas of how to protect themselves in future hack attacks.
Either way, hackers seem to be operating with attacks at a building frequency, and "laughing at your security since 2011".
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We Cover
- London
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text:
It's World of Wheels weekend at the Abilene Civic Center
Millions of dollars worth of cars are on display this weekend at the Abilene Civic Center.
More than 100 custom cars, hot rods, muscle cars, motorcycles and other types of vehicles are on display.
The 34th annual World of Wheels runs through Sunday.
The International Show Car Association judges the competition.
Some of the cars are locally owned, others come from Texas and around the nation to be judged.
Hours are 10 a.m. to 10 p.m. Saturday
11 a.m. to 7 p.m. Sunday
Admission is $11.95 for adults
Kids age 6 to 11 $3.95
Kids under six free
Copyright 2013 by KTXS All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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What does 4staffhandbooks do? (more...)
Why do I need 4staffhandbooks? (more...)
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"The breadth and depth of customisation in 4learning courses has made a real difference. The customisation means there is a very personal feel to the courses making it more relevant and appealing and avoiding the generic approach of many eLearning courses." Rob Paley, Education, Training and Development Manager, London based NHS Trust
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"We were very pleasantly surprised that they have such high quality eLearning courses at such a reasonable price. I am very happy to recommend them to other Councils." Carron Brant, Hull City Council
"I have been delighted with the way that 4policies solves a major headache for employers, namely; the amount of time and expense required in drafting policies and then not being able to prove that employees have read and understood the policies. This situation negates a very large part of the objectives behind the process. 4policies is a logical, flexible and easy to use package which supports properly drafted policies and procedures appropriate to any business and is of great value to organisations of all sizes. Furthermore, the correct deployment of 4policies ensures that many of an employer's potential vicarious liabilities are addressed effectively." Mike Hibbs Senior Partner, Shakespeares
"The rollout has been very good. The ease of use and the feedback from users has been great. I am more than willing to positively endorse this software" Tee Patel, Enfield Council IT Security Analyst


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NAME: Angela Melini BIRTHPLACE: Saigon, Vietnam BUST: 36" WAIST: 26" HIPS: 35" HEIGHT: 5' 6" WEIGHT: 115 lbs AMBITIONS: Finish school and make money now - nice husband and healthy children later! TURN-ONS: I'm the ultimate romantic - I love beach walks, ...
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text:
by Dan
Please note: MP3s are only kept online for a short time, and if this entry is from more than a couple of weeks ago, the music probably won't be available to download any more.
Floating Action - "Well Hidden"
Crook-seated and knee-crossed, cords and smudgy lenses, Matthew Marshall, Matt, writes on the cover of an unbroken journal. "A Summery Summary", he looks Junely out the sunny window and smiles with his hands, in the way he holds his pen. To be the main character of one's own story is a privilege earned and not a right handed down. Perhaps with a masters, or a fellowship, or a crisis, if this car were to crash fiery, he would jump forward in line, but for now the trees cut light and the air is warm and underneath these clothes are the mechanics of a person, whirring quietly and without claim. [Buy Desert Etiquette]
77. 77 is the perfect number because you're not going psycho speed and you're not taking any shit from idiots. On this road, where psychos are going 85 and 90, Yevgeny keeps it steady at 77 and it's the ultimate combination of sensibility and time-management. With clear traffic, without too many psychos or idiots, the trip is 5h 44min. But still with every trooper car he passes, those shiny stoic perchers, like chess pieces, like carved bishops, his heart sinks. His head goes into theirs for the next 3 miles. He sits in their car, burrito wrapper on the passenger seat, shotgun heaving at the dash, and pretends to be their easy conscience, their fickle whim. "Why not? I got nothing better to do," and peel out, that daring swooping squeal from highness into chase. [Pre-Order They Came From the Sky]
Gravediggaz - "Mommy What's a Gravedigga? (RZA mix)"
|| Hey, can you text me Robin's address? I need it for the border || attending || not attending || not attending || maybe attending || not attending || remove from events || Like || ME TOO! MISS YOU! || i saw this yesterday. old news, malcolm! || 6331 Esplanade, buzz 3 || Like || Dear everyone, what should I do in Montreal? Thanks! || thanks, can you send me the postal code too? I don't know, I might need it || Make sure you get to your rideshare early, guys, the front seat is key #fuckyounerdydude #chivalryisdead || Also, it smells like peas in here #itwascheap || RT @disneywords - I just needed to get out on my own, live my own life. And I did, and it's great. -Simba (The Lion King) || RT @PimpBillClinton Sarah Palin should stick to what she's good at: mangling American history and blowing guys on snowmobiles || H2T 2T3 [Buy Double Suicide Pack]
I'm not gonna make it. I'm seriously not gonna fuckin make it. I can't breathe. What's this girl typing a fuckin novel? This is fucked, my heart feels like it's gonna fall out of my chest. Nothing is calming me down, I feel like I'm gonna strangle this fuckin idiot. I'm just gonna reach over his headrest and pull my belt tight and we'll go swerving off the road and hit the corner of a bridge and a grassy ridge and be done with it. Well, maybe not done with it. We'll have to go through the windshield and get stuck in the twisted metal and then our hearts will really fall out of our chests. This Wolf Parade isn't calming me down, wait this isn't even Wolf Parade. I think I'm gonna puke, just raise your hand, just raise your fuckin hand like a normal person, and don't use it to strangle anybody. "Excuse me? Can we stop soon? I need to go to the bathroom." He grimaced, he grimaced, he knows, I'm sweating. [Pre-order New Heaven]
(map collage by Matthew Cusick)
in just one day we've seen so much support from you. It means a huge amount to us, we're extremely grateful, humbled, awed. see the fundraising post below.Posted by Dan at June 14, 2011 12:25 PM
The most beautiful thing in this map is the pic of owl. Its really very awesome.Posted by Jingles at June 23, 2011 8:41 AM
Post a comment
this is a daily sampler of really good songs. all tracks are posted out of love. please go out and buy the records!
to play a song in your browser, click the . to download a song, right-click the link and choose 'Save as...'
all songs are removed within a week or two of posting.
said the gramophone launched in march 2003, and added songs in november of that year. it was one of the world's very first mp3blogs.
if you would like to say hello, find out our mailing addresses or invite us to shows, please get in touch:
montreal, canada: sean
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toronto, canada: dan
please don't send us emails with tons of huge attachments; if emailing a bunch of mp3s etc, send us a link to download them. We are not interested in streaming widgets.
if you are the copyright holder of any song posted here, please contact us if you would like the song taken down early. please do not direct link to any of these tracks. please love and wonder.
"and i shall watch the ferry-boats / and they'll get high on a bluer ocean / against tomorrow's sky / and i will never grow so old again."
about the authors
Sean Michaels lives in Montreal. He is a writer, critic and author of the theremin novel Us Conductors. Follow him on Twitter or reach him by email here.
Dan Beirne is an actor and writer living in Toronto. Any claim he makes about his life on here is probably untrue. Email him here.
Jordan Himelfarb lives in Toronto. He is an opinion editor at the Toronto Star. Jordan's posts appear at Said the Gramophone only on the last Wednesday of every month. Email him here.
Site design and header typography by Neale McDavitt-Van Fleet. The header graphic is randomized: this one is by .
our patrons
Said the Gramophone does not take advertising. We are supported by the incredible generosity of our readers. These were our donors in 2013.
our favourite blogs
(◊ means they write about music)
Back to the World
La Blogothèque ◊
Weird Canada ◊
Destination: Out ◊
Endless Banquet
A Grammar (Nitsuh Abebe) ◊
Ill Doctrine ◊
A London Salmagundi
Dau.pe ◊
Words and Music ◊
Petites planétes ◊
Gorilla vs Bear ◊
Herohill ◊
Silent Shout ◊
Clouds of Evil ◊
The Dolby Apposition ◊
Awesome Tapes from Africa ◊
Molars ◊
Daytrotter ◊
Matana Roberts ◊
Pitchfork Reviews Reviews ◊
i like you [podcast]
Musicophilia ◊
Nicola Meighan ◊
Fluxblog ◊
radiolab [podcast]
CKUT Music ◊
plethoric pundrigrions
Wattled Smoky Honeyeater ◊
The Clear-Minded Creative
Torture Garden ◊
Passion of the Weiss ◊
Juan and Only ◊
Horses Think
White Hotel
Then Play Long (Marcello Carlin) ◊
Uno Moralez
Coming Up For Air (Matt Forsythe)
my love for you is a stampede of horses
It's Nice That
Marathonpacks ◊
Song, by Toad ◊
In Focus
WTF [podcast]
Masalacism ◊
The Rest is Noise (Alex Ross) ◊
Goldkicks ◊
My Daguerreotype Boyfriend
The Hood Internet ◊
things we like in Montreal
st-viateur bagel
café olimpico
Euro-Deli Batory
le pick up
kem coba
le couteau
au pied de cochon
mamie clafoutis
tourtière australienne
chez boris
alati caserta
vices & versa
+ paltoquet, cocoa locale, idée fixe, patati patata, the sparrow, pho tay ho, qin hua dumplings, caffé italia, hung phat banh mi, caffé san simeon, meu-meu, pho lien, romodos, patisserie guillaume, patisserie rhubarbe, kazu, lallouz, maison du nord, cuisine szechuan &c
drawn + quarterly
+ bottines &c
casa + sala + the hotel
blue skies turn black
montreal improv theatre
passovah productions
le cagibi
cinema du parc
pop pmontreal
yoga teacher Thea Metcalfe
Cult Montreal
The Believer
The Morning News
The Skinny


text:
New MMORPGs / MMO Games in 2011
Posted on Nov 26,2010 03:11 , by EDWARD WONG
MMO Game Site announced the list of Top 10 new MMORPGs, to be released in 2011 or 2012. We sift the best mmo games from player's rating, extensive exposure in gaming news, and former success of the series. Although WOW still dominate the gaming market, there will be more and more new titles coming to being with new genre. Here are over 30 online games and mmos for your reference:
The Secret World is an upcoming Pay to Play or monthly subscription-based MMORPG from Norway-based Funcom that has already published Age of Conan and Bloodline Champions Online. The Secret World boasts three factions – the Templars, the Illuminati, and the Dragon – and each has their own headquarters, London, New York, and Seoul. But the London City will be a Main capital City where players conduct all activities. The secret world may be something like a virtual reality world where gamers walk around, do business, fight, and kill.
2, Star Wars: The Old Republic
BioWare's latest Efforts to Star Wars: The Old Republic has become the most anticipated project in 2011 despite the fact that industry publishers are barely bullish about the subscription-based business model.
The Sci-Fi SWTOR is fairly reminiscent of Star Trek Infinite Space, and Stellar Dawn, Battlestar Galactica Online. Role play as a Jedi to fight your way throughout the galaxy, Experience the vast expanse of universe in the this action sci-fi MMO.
World of Darkness is a Sci-fi MMORPG From CCP, ad the game will focus on "player politics and social interaction,". That means players could expect a story-telling virtual world with social interaction and mood.
4, Warhammer Online: Wrath of Heroes
Warhammer Online: Wrath of Heroes is the newest Play4Free title from BioWare that puts players in a fight for their lives with competitive PvP arena combat. These explosive three team battles aren't for the faint of heart as success hinges on destroying all who oppose your team to strategically claim and hold bases. This is the legendary Warhammer Online like you've never seen it before where to emerge victorious and claim your rightful place atop the leaderboards, you must live to fight.
5, PlanetSide 2
The Sony's MMO Shooter PlanetSide 2 is a typical MMO with shooting, Strategy, and RPG. Players will build up an agency and experience fast paced action to perform missions and tasks in solo or group. With streamlined weapons, and advanced skills, players will have a lasting feeling of competition with the opposing faction. What players regret is there are only two factions available, and even the free to play and monthly subscription are not determined yet. We hope this mmo will be absolutely innovative unlike any other shooter games.
6, DC Universe Online
DC Universe Online (DCUO) is an MMORPG set in the near future with Comics-tyled super hero character playable like Champions Online. DCUO will have three cities where players are able to explore, which is similar to FUNCom's the Secret World. But DC Universe Online's location is called Metropolis, Gotham City and Arkham Asylum. Among the DC Comics heroes and villains, which are you going to defeat? Batman, Superman, Wonder Woman, or The Joker? You have the anwser.
7, Royal Quest
Royal Quest is a free fantasy MMORPG currently being developed by Russian studio Katauri Interactive. This mmo game will offer traditional gaming elements such as pet system, pve and pvk, and looking. Even players will be able to capture the ingame castle to loot treature and gold that could be used to boost ingame fun experience. With high quality graphics and cinematic trailer, the game has attracted a lot media guys to cover upon the first announcemnt.
If you are tired of EVE Star wars, here is a new choice for you. The latest MMOG Galactic Command Online that is also set in the infinite space. With FPS-styled combat, you can either choose to play in the plain ground or open-ended galaxy. Galactic Command Online will be released in the spring of 2010.
11, Tribes Universe
Territories divided, fortresses erected, armors glistened, and fighters recruited, every draw in the wind says something about the advent war in MMO Tribes Universe. Which clan could trump over to be the new ruler of human races? What would be the right reaction to survive or even ride on the coming chaos? Hi-Rez Studio leaves the story right there for YOU to wrap up!
12, FireFall
If there is any one who just loves to steep the virtual world in gunshots, Red 5 Studio it is. This time, a FireFall would be their new whim to drive all earthly souls into bigger and more thrilling fights. Don't want to watch your fellows gunned down and your homeland reduced to waste during the cross-fire? Build up your own sharp-shooter team and see if you got a 'shot' to reverse the situation for the better!
The Open beta Korean server for TERA Online is set on January 11, 2011 while the English or other language TERA is not available now.
15, Kaos War
Deep-seated hatred, unquenchable thirsty for power and in-born magic knack, the three, if ever getting converged, would give birth to fearsome warriors, and what's coming next, immersive Kaos War! Now that SRI Interactive has had the worm box opened, better 'shoot' them up before freak out the entire fictional world get freaked out by more creepiness, isn't it?
18, Guild Wars 2
19, Diablo III
26, DotA 2
It's not entirely daydreaming to ever wonna change the way the vast galaxy works out, at least in the gaming world now. As long as you are in for some wild space adventures and mind-blowing ship battles, Jumpgate Evolution, Netevil's recent tactical war-theme MMO, will be more than happy to have you signed up for this exclusive opportunity! Call on your friends to together reshuffle the power balance of the entire universe, will you?
31, ArcheAge
32, End of Nations
33, Fallout Online
The world is on the brink of a full-on war where modernity will play a greater part than it ever did, firstly, in the gaming world. Fallout Online, Interplay's coming real-time war RPG, gives us just every detail needed to have a peep of the futuristic modern warfare. Come along wrestling with all avant-garde enemies to establish new orders across the globe!
It is said that Fallout Online, or Fallout MMO will be coming in 2012. However as we gamers are expecting, this classic franchise could be possibly due in 2011.
35, Aida Arenas
Aida Arenas is an action adventure side scrolling MMO that takes on classic arcade style beat 'em with the progression of the characters and social characteristics common in MMORPGs. The MMO is developed by Korean online game maker Game Bridger behind F2P titles like Freejack and Priston Tale 2.
36, Dragon Soul
37, Blood Rites
39, Doctor Who
The time-honored Doctor Who boasts a fantastic and engrossing plot: Time Lord, also known as the mysterious and odd Doctor, adventures through time and space in TARDIS, his police box-like time machine. Together with his companions, he explores the unknown in three-dimensional universe, marvels at incredible encounters with an infinite variety of friends and foes, and defends endangered civilizations against ferocious alien races and experiences regenerations after each adventure. Within several months, Doctor Who will witness its brand-new regeneration and its expansion to another medium by the launch of its online game. Doctor Who: Worlds in Time will be free to play, require no download and appeal to players of all ages. In this multiplayer game, you can also socialize and challenge players from all over the world.
Updated: May 13, 2011:
40, Brawl Busters
When you fed up with fantasy MMOs and think of something fresh and unique, Brawl Busters, the latest free mmo may be your choice since this game is just announced with some teasing features.
41, Troy Online
The Twelve sky developer rolled out a new game called Troy Online which takes place in the Greek mythology. However, I do not think this game contributes a lot to innovations. Anyway It is a new game.
42 HellGate
47, WildStar Online
49, Eligium
50, Titan
53, OtherLand
54, Bunch of Heroes
56, Wizardry Online
We will keep to update this game list and inform you the latest announcement of mmo games in 2011.
- Comments
0 Comments on New MMORPGs / MMO Games in 2011
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Be legend, be warlord, be legendary strategist. Dive into browser MMO War of Legends...
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text:
Investigators who have
conducted research on the Colorado Plateau are encouraged to submit abstracts
for contributed papers and posters for this year's conference. Abstracts are invited from individuals
or groups involved in natural and cultural resource management or conservation
science or practice who can demonstrate an alignment with conference's theme
and one or more of its interest areas, including (1) management of natural and
cultural resources, (2) regional research, (3) policy, (4) education, and (5)
conservation science and management.
Abstracts for contributed
papers and posters for this year's conference will be accepted until Monday, July 1,
2013. Decisions will be announced no later than July 15, 2013.
Abstracts will be evaluated
by at least two reviewers. To
increase the probability that your proposal will be selected for presentation,
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text:
Blechinger v. VanPeursem
Filing 4
ORDER Dismissing Case. Signed by Chief Judge Karen E. Schreier on 11/29/2011. (KC)
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION ROBERT F. BLECHINGER, Plaintiff, vs. KEVIN VANPEURSEM, Defendant. ) ) ) ) ) ) ) ) ) Civ. 11-4139-KES ORDER DENYING TEMPORARY RESTRAINING ORDER AND DISMISSING CASE Plaintiff, Robert F. Blechinger, moves ex parte for a temporary restraining order against defendant, Kevin VanPeursem. Blechinger seeks to enjoin VanPeursem from evicting him from the apartment he rents from VanPeursem, directing VanPeursem to restore the original locks to the door on his apartment, and from taking any other adverse action against him. Blechinger previously filed a related pro se civil lawsuit against Sioux Falls Housing and Redevelopment Corporation. In that lawsuit, Blechinger sought to have the housing subsidy he previously received through the Department of Housing and Urban Development restored. Blechinger lost the subsidy when an inspection of his apartment revealed that it was not sanitary and thus did not satisfy the housing quality standards set forth in federal regulations. Federal courts are courts of limited jurisdiction. "The burden of establishing that a cause of action lies within the limited jurisdiction of the federal courts is on the party asserting jurisdiction[.]" Arkansas Blue Cross & Blue Shield v. Little Rock Cardiology Clinic, 551 F.3d 812, 816 (8th Cir. 2009). Blechinger has not shown any basis for federal question jurisdiction under 28 U.S.C. § 1331 or diversity jurisdiction under 28 U.S.C. § 1332. Thus, this court lacks subject matter jurisdiction. Accordingly, it is ORDERED that Blechinger's ex parte motion for a temporary restraining order (Docket 1) is denied and his case is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3). Dated November 29, 2011. BY THE COURT: /s/ Karen E. Schreier KAREN E. SCHREIER CHIEF JUDGE 2


text:
Latest Comments
re: The Crap We Missed - Tuesday 11.12.13 (39 comments)
She looks like a thinner Khloe to me.
re: And Courtney Stodden's DTF Already #YOLO (20 comments)
She has so much botox she already looks like Stifflers mom.
re: Daredevil & Luke Cage Are Getting Shows On Netflix (13 comments)
Believe me, weed does not help!
re: "Would you make that out to Corey, please?"
"Um, Corey, you're supposed to sign the books to them." (8 comments)
All wrong, that is a younger Ozzy Osbourne
re: What's That Dangone Miley Cyrus Gotten Herself Into Now? (32 comments)
I'm pretty sure she has started working on her coke binge.
re: Gina Carano Banging Superman Again Is A Post With Celebrity Breasts In It (17 comments)
I don't know. I want to have sex with her. I think I would be fine with even some weave.
re: Nicki Minaj Banged Zac Efron (20 comments)
Nick Manaj may not be the prettiest girl on the block but if you ever wanted to hit some nice ass bootay, she'd be up there on my list. I mean I love everyone of every race but lately I have been having some dark chocolate fever. I'd mix my white chocolate with her dark chocolate anytime. If you say anything otherwise you are probably gay or a right winged conservative.
re: It's Time For Another Wonder Woman Fan-Film (15 comments)
Slow motion makes everything better, almost everything.
re: So That 'Breaking Bad' Finale (43 comments)
I am not going to lye. I shed some man tears last night. And Walt was able to come back looking like a bad ass yet again and go out with some thunder.
re: Wow, @nerdslashgeek Has Some Familiar Tweets (93 comments)
I especially like this one. http://smashbolt.com/wp-content/uploads/2012/06/maternity.jpg


text:
markmech2002AB, CA
Wood is the only way to build
Mission Dining Table
For many years, my wife and I looked for a dining room chair that we both liked. Finally, a while back we agreed on a style and after confirming that A, I did not feel comfortable building chairs...
Recent comments
Re: UPDATE: 3 Book Giveaway! Taunton's Complete Illustrated Guide to...
Looks like a good set of reference books
Re: Hand Tools Reinvented
These tools hearken back to days when any craftsman was proud to put their name one their work. While all of these pieces are beautiful in form, they also appear from the photos and slide show to be very functional as well.
Thank you for sharing your passion with all of us Abiel
Re: The Ghostly Woodworker
Amazing effort for a video, and fantastic detail in the photography
Thank you
Re: Salute to a Tree Lover
I am choked up by this story. I am not surprised that someone chose to care for this magnificent tree for half of his very long life. We the woodworking community should ensure we say thanks often and loudly for those people those people like Frank Knight whose selfless acts preserve trees and forests alike.
Frank I hope your journey beyond allows you much peace and contentment in a grove of fabulous elms that are healthy and eternal.
Thank you Mr Becksvoort for your tribute to Frank, it is truly fitting indeed
Frank, RIP knowing your care of a simple tree has touched the heart of a person thousands of miles away
Re: UPDATE: Building Small Cabinets by Doug Stowe
I think Doug'a books are very informative, and as I have just discovered working on a smaller scale I would enjoy receiving
Re: An Australian Roubo workbench
to complete my cut off statement worth of being called a sturdy bench
Re: My latest Frankenfill
Criticism? LOL How about many Kudos from envious hand plane admirers. I believe this to be one of the nicer and best finished one of a kind planes I have seen lately. Very well done. I hope you use the heck out of this fine tool.
Re: My latest Frankenfill
Criticism? LOL How about many Kudos from envious hand plane admirers. I believe this to be one of the nicer and best finished one of a kind planes I have seen lately. Very well done. I hope you use the heck out of this fine tool.
Re: Handmade A13 Infill Plane
Tools are to be used - and this one is great. Enjoy many years of use. It is a collectors' piece and you should be very proud to have created it.
Re: 1000 Year Old Redwood
Boy a piece of wood like that makes a person wonder what they might think of daring to do with that. I can't wait to see what you post when the project is finished.
Re: Plum cabinet
the integration of natural form and cabinetry is wonderful. A very nice job indeed, and I have never heard of Plumb Wood but I think the effect has created a work of art.
Re: Kona Wind
Totally awesome Squidmin. I like to carve - some day I hope I can produce art like this
Re: Czappa's Studio
I love it Czappa - looks like my Garage shop which I can only use late April to October because I live in Canada so I have no heat and lots of cold LOL
Stacked to the rafters with my stuff on one side and my wife's stuff on the other LOL about 220 sq feet to work in, everything but the 6 foot bench is on wheeels so I can roll it out of the garage on a sunny day
Re: Some times it seems so small but I get things done
John - remember - the most important thing is you are doing - not talking about it. I can only use my garage shop from April to October as it is unheated in Alberta and I have frost the rest of the year. So every year it is take all freezable stuff indoors to the basement and then I carve at the dining room table in the winter when my wife doesn't have an art project on it LOL
Re: Credenza (The Conversion)
Great inspiration - Good luck in your career building fine furniture - just beautiful
Re: Grandson's Toy Box
WOW - what a great piece of furniture - Thank you for sharing it
Re: Essential Workbench - Williams
clean and simple - excellent job. I really like the apron feature wood highlight
Re: A small box, my first woodwork
I can't wait to see your next project - great unique design