TOWNSHIP OF MARLBORO, PLAINTIFF-RESPONDENT,
v.
PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL, THE TOWNSHIP OF HOLMDEL, MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL, WESTOR PARTNERSHIP, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS. TOWNSHIP OF COLTS NECK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL, TOWNSHIP OF HOLMDEL, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND WESTOR PARTNERSHIP, A NEW JERSEY PARTNERSHIP, DEFENDANTS. GRC DEVELOPMENT CORP., A NEW JERSEY CORPORATION, HMF ASSOCIATES, A NEW JERSEY PARTNERSHIP, RJS REALTY ASSOCIATES, A NEW JERSEY LIMITED PARTNERSHIP AND WESTOR PARTNERSHIP, A NEW JERSEY GENERAL PARTNERSHIP, PLAINTIFFS-APPELLANTS,
v.
TOWNSHIP OF HOLMDEL, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL, MAYOR OF THE TOWNSHIP OF HOLMDEL AND CLERK OF THE TOWNSHIP OF HOLMDEL, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 24, 1995.
Decided February 24, 1995.
Attorney(s) appearing for the Case
John R. Halleran argued the cause for appellant Westor Partnership (Giordano, Halleran & Ciesla, attorneys; Mr. Halleran, of counsel and on the brief).
Thomas F. Carroll, III argued the cause for appellants GRC Development Corp., HMF Associates and RJS Realty Associates (Hill Wallack, attorneys; Mr. Carroll, on the brief).
Jeffrey P. Blumstein argued the cause for respondent Planning Board of the Township of Holmdel (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys; Arnold C. Lakind, of counsel; Messrs. Blumstein and Lakind, on the brief).
Brian J. Molloy argued the cause for respondent Township of Colts Neck (Wilentz, Goldman & Spitzer, attorneys; Mr. Molloy, of counsel and on the brief with Steven J. Tripp and Robert J. Curley). Michael B. Steib also submitted a brief for respondent Township of Colts Neck.
Joseph D. Youssouf argued the cause for respondent Township of Holmdel (Mr. Youssouf, on the brief).
Respondent Township of Marlboro relies upon the brief and appendix submitted by respondent Township of Colts Neck.
Before Judges PRESSLER, LANDAU and NEWMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PRESSLER, P.J.A.D.
This consolidated appeal requires us once again to consider the consequences of illegal exactions obtained by a municipal land use planning agency from a developer during the application approval process. In Nunziato v. Edgewater Planning Bd.,225 N.J.Super. 124, 541 A.2d 1105 (App.Div. 1988), we held that a resolution approving...
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