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LEGION MANOR ET AL. v. TOWNSHIP OF WAYNE

49 N.J. 420 (1967)

231 A.2d 201

LEGION MANOR, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND WEBSTER HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 5, 1967.

Attorney(s) appearing for the Case

Mr. Martin S. Mandon argued the cause for plaintiffs-appellants (Messrs. Mandon & Schwartz, attorneys).

Mr. Anthony J. Orrico argued the cause for defendant-respondent (Mr. Peter J. Van Norde, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

The municipal ordinance provides that in connection with the final approval of a subdivision the municipality may accept a performance bond for the installation thereafter of improvements required for the development. The ordinance further provides for the release of a performance bond upon acceptance of the work and the filing of a "maintenance" bond. After plaintiffs filed such bonds, the local ordinance...

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