J.D. LAND CORP. v. ALLEN


114 N.J. Super. 503 (1971)

277 A.2d 404

J.D. LAND CORP., AND J.D. CONSTRUCTION CORP., BOTH CORPORATIONS OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. JOHN T. ALLEN, BUILDING INSPECTOR OF THE TOWNSHIP OF FREEHOLD; TOWNSHIP OF FREEHOLD, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF FREEHOLD, IN THE COUNTY OF MONMOUTH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1971.


Attorney(s) appearing for the Case

Mr. V. David Shaheen, Jr., argued the cause for appellants (Messrs. Giordano, Giordano & Halleran, Attorneys; Mr. John R. Halleran, on the brief).

Mr. John A. Kaye, Substituted Attorney, argued the cause for respondents (Mr. Donald J. Cunningham submitted the brief).

Messrs. Hutt & Berkow submitted a brief on behalf of N.J. Builders Association, Amicus Curiae (Mr. Stewart M. Hutt, of counsel; Mr. Hutt and Mr. Richard W. Kracht, on the brief).

Before Judges KILKENNY, HALPERN and LANE.


The opinion of the Court was delivered by LANE, J.A.D.

Plaintiffs appeal from a summary judgment declaring that Article IX, Section 8 of the Freehold Township Land Subdivision Ordinance is valid.

The first count of the complaint in lieu of prerogative writ sought a judgment compelling John T. Allen, Building Inspector of the Township of Freehold, to issue a certificate of occupancy for a particular dwelling constructed by plaintiffs in Section 3 of a development...

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