SHEPARD v. WOODLAND TP. COMM. AND PLANNING BD.


71 N.J. 230 (1976)

364 A.2d 1005

LYNN SHEPARD, PLAINTIFF-RESPONDENT, v. WOODLAND TOWNSHIP COMMITTEE AND PLANNING BOARD AND LARRY JONES, DEFENDANTS-RESPONDENTS, AND SUNNY PINE, INC., A/K/A CRESTWOOD VILLAGE, INC., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided September 28, 1976.


Attorney(s) appearing for the Case

Mr. Robert J. Partlow argued the cause for appellant (Messrs. Parker, McCay and Criscuolo, attorneys; Mr. Partlow on the brief).

Mr. Mark A. DeMarco argued the cause for respondents Woodland Township Committee, et al. (Messrs. Donis and DeMarco, attorneys; Mr. DeMarco on the brief).

Mr. Charles A. Little argued the cause for respondent Shepard (Messrs. Bleakly, Stockwell and Zink, attorneys; Mr. Little and Mr. Salvatore A. Alessi on the brief).

Messrs. Greenbaum, Greenbaum, Rowe and Smith filed a brief on behalf of amicus curiae Manchester Communities Coordinating Council (Mr. Arthur M. Greenbaum and Mr. Robert C. Schachter on the brief).

Messrs. Giordano and Halleran filed a brief on behalf of amicus curiae Retirement Communities Council of the New Jersey Builders Association (Mr. John J. Devincens of counsel and on the brief; Mr. Francis J. Badach on the brief).


The opinion of the court was delivered by PASHMAN, J.

This is a companion case to Taxpayers Ass'n of Weymouth Tp. v. Weymouth Tp., 71 N.J. 249 (1976), rev'g 125 N.J.Super. 376 (App. Div. 1973). It too concerns the validity and constitutionality of zoning for planned housing developments for the elderly.

I

The facts are essentially undisputed. In April 1973 the township...

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