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NEW JERSEY SHORE BUILDERS ASS'N v. TP. OF OCEAN

128 N.J. Super. 135 (1974)

319 A.2d 255

NEW JERSEY SHORE BUILDERS ASSOCIATION, A NONPROFIT CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF OCEAN IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION OF NEW JERSEY, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF OCEAN, A PUBLIC BODY CORPORATE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1974.

Attorney(s) appearing for the Case

Mr. Francis John Badach argued the cause for appellant (Messrs. Giordano & Halleran, attorneys).

Mr. Franklin H. Berry, Jr. argued the cause for respondents (Messrs. Berry, Summerill, Rinck & Berry, attorneys).

Before Judges CONFORD, HANDLER and MEANOR.

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

On December 13, 1973 the Township of Ocean adopted an ordinance which had the effect of suspending for six months or until June 13, 1974 the approval by its planning board of any major subdivisions or site plans for industrial development. Plaintiff, an association of builders active in the area, challenged the validity of this ordinance and appeals from an adverse...

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