CHRINKO v. S. BRUNSWICK TP. PLANNING BD.


77 N.J. Super. 594 (1963)

187 A.2d 221

FRANK CHRINKO, WILLIAM D. NELSON AND JOSEPH E. RAUCH, PLAINTIFFS, v. SOUTH BRUNSWICK TOWNSHIP PLANNING BOARD, AN ENTITY OF SOUTH BRUNSWICK TOWNSHIP CREATED BY LAW; AND THE TOWNSHIP OF SOUTH BRUNSWICK, A CORPORATE MUNICIPALITY IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 4, 1963.


Attorney(s) appearing for the Case

Mr. Samuel Leventhal, attorney for plaintiffs.

Mr. David M. Greene, attorney for defendants.


FURMAN, J.S.C.

This prerogative writ action contests the validity of two ordinances of South Brunswick Township in Middlesex County permitting cluster or open space zoning. By their terms a subdivision developer may reduce minimum lot sizes by 20% or 30% and minimum frontages by 10% or 20% upon his concurrently deeding 20% or 30% of the subdivided tract for parks, school sites and other public purposes, with the approval of the planning board.

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