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PENNYTON HOMES INC. v. PLANNING BD. OF STANHOPE

78 N.J. Super. 588 (1963)

189 A.2d 838

PENNYTON HOMES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE BOROUGH OF STANHOPE AND THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE, ETC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Mr. Lewis Stein argued the cause for appellants (Mr. Milford Salny, attorney).

Mr. Herbert S. Glickman argued the cause for respondent (Messrs. Scerbo, Hegarty, Mintz, Glickman, Kobin & Howe, attorneys).

Before Judges GOLDMANN, FREUND and FOLEY.

The opinion of the court was delivered by FOLEY, J.A.D.

Defendants appeal from a judgment of the Law Division entered on cross-motions for summary judgment. Plaintiff's motion was granted; defendants' motion denied.

On March 30, 1959 the Planning Board of the Borough of Stanhope approved a preliminary development plat of Pennyton Homes and recommended to the mayor and council that it be approved. On the same day a resolution was adopted by the governing body...

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