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MOUNT LAUREL TOWNSHIP v. BARBIERI

151 N.J. Super. 27 (1977)

376 A.2d 541

MOUNT LAUREL TOWNSHIP, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. MARIO J. BARBIERI AND ELIZABETH BARBIERI, HIS WIFE, ET AL., DEFENDANTS-RESPONDENTS, AND MARIO J. BARBIERI AND ELIZABETH BARBIERI, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. A. LOUIS GOLDBERG AND RITA GOLDBERG, HIS WIFE, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Mr. John W. Trimble argued the cause for appellant Mount Laurel Township (Messrs. Higgins, Trimble & Master, attorneys).

Mr. Ralph J. Kmiec argued the cause for respondents Barbieri, Goldberg and Kanigowski (Mr. Ralph J. Kmiec, attorney for respondents Kanigowski; Mr. George H. Barbour, attorney for respondents Barbieri; Mr. Clyde V. Creato, attorney for respondents Goldberg).

Mr. Neil F. Deighan, Jr. argued the cause for respondents Marmer & Kapel, Inc. and Donald A. Kapel (Messrs. Kisselman, Deighan, Montano & Summers, attorneys).

Mr. James R. Bodnar argued the cause for respondent Cohen, Casel, Gerbarg & Logan, a partnership (Mr. James Logan, Jr., attorney).

Before Judges CARTON, KOLE and LARNER.

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

The tangled litigation which produced the present appeals stems from the action of the Mount Laurel Township Planning Board in August 1973, approving, subject to certain conditions, subdivision of a 29-acre tract of land.

Two separate actions in the Chancery Division are involved. The first is an action brought in November 1974 by Mario and Elizabeth...

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