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ALLEN v. PLANNING BD. TP. OF EVESHAM

137 N.J. Super. 359 (1975)

349 A.2d 99

EDWARD ALLEN AND HARRY H. WOODEN, JR., PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF EVESHAM, TOWNSHIP OF EVESHAM, ALLEN HALL, BUILDING INSPECTOR OF THE TOWNSHIP OF EVESHAM, AND SIXTH CAMDEN CORPORATION, A CORPORATION ORGANIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Mr. Richard A. Barton argued the cause on behalf of appellants (Messrs. Freeman & Spence, attorneys).

Mr. John E. Harrington argued the cause on behalf of respondent Township of Evesham (Messrs. Hartman, Schlesinger, Schlosser & Faxon, attorneys; Mr. Kenneth S. Domzalski, on the brief).

Mr. John O. Sitzler, Jr. argued the cause on behalf of respondent Sixth Camden Corporation (Messrs. Mathews & Sitzler, attorneys).

Mr. D. Neil Manuel filed a statement in lieu of brief on behalf of respondent Planning Board of the Township of Evesham.

Before Judges HALPERN, CRANE and MICHELS.

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

This is an appeal from an order entered in the Law Division granting summary judgment in favor of defendants and dismissing plaintiffs' complaint in lieu of prerogative writ. The complaint alleged that the members of the planning board had been subjected to duress affecting their approval of the site plan for a shopping center to be known as Tri-Towne Plaza submitted by defendant Sixth Camden Corporation. The...

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