LEVIN v. LIVINGSTON TP.


35 N.J. 500 (1961)

173 A.2d 391

MARTIN LEVIN AND ALAN SAGNER, T/A LEVIN-SAGNER HOMES, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF LIVINGSTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 14, 1961.


Attorney(s) appearing for the Case

Mr. Joseph A. Weisman argued the cause for plaintiffs-appellants (Mr. Louis B. Lombardino, attorney; Messrs. Hannoch, Weisman, Myers, Stern and Besser and Mr. Weisman, of counsel; Mr. Geoffrey Gaulkin and Mr. George B. Henkel, on the brief).

Mr. Louis Bort argued the cause for defendant-respondent.


The opinion of the court was delivered by HALL, J.

This case involves a narrow, but deeply rooted, aspect of land subdivision regulation by a municipality. Specifically the question is: When, in the course of the planning and construction of a development, do the municipality's specifications for street pavement which it requires the developer to install as an improvement become fixed so that it may not thereafter upgrade them?

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