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DIVAN BUILDERS, INC. v. PLANNING BD., WAYNE TP.

127 N.J. Super. 368 (1974)

317 A.2d 413

DIVAN BUILDERS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE TOWNSHIP OF WAYNE, ET ALS., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1974.

Attorney(s) appearing for the Case

Mr. Robert S. Moraff, argued the cause for appellant.

Mr. Ronald B. Sokalski, argued the cause for respondent (Messrs. Corrado, Corcoran & Sokalski, attorneys; Mr. Sokalski, of counsel and on the brief).

Before Judges LYNCH, MEHLER and MICHELS.

PER CURIAM.

The judgment of the Law Division is affirmed essentially for the reasons set forth in the opinion of Judge Schwartz, 122 N.J.Super. 508 (Law Div. 1973).

We also point out that even though respondent did not challenge the adequacy of the standard established by Ordinance No. 69 for the allocation of the costs of the off-site improvement to properties in the area to be served by the improvement, counsel for...

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