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MORRISTOWN RD. ASSOC. v. MAYOR & COMMON COUNCIL AND PLANNING BD. OF BOROUGH OF BERNARDSVILLE

163 N.J. Super. 58 (1978)

394 A.2d 157

MORRISTOWN ROAD ASSOCIATES, PLAINTIFF, v. MAYOR AND COMMON COUNCIL AND THE PLANNING BOARD OF THE BOROUGH OF BERNARDSVILLE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 31, 1978.

Attorney(s) appearing for the Case

Mr. Melvin H. Bergstein, attorney for plaintiff (Messrs. Margolis & Bergstein, attorneys).

Mr. J. Albert Mastro, attorney for the defendants Mayor and Common Council of Bernardsville (Messrs. Mastro & Mastro, attorneys).

Mr. David H. Rothberg, attorney for defendant Planning Board of Bernardsville (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

GAYNOR, J.C.C. (temporarily assigned).

By this motion plaintiff seeks a summary determination on the second count of its complaint wherein it demands judgment declaring invalid an amendment to the zoning ordinance of the Borough of Bernardsville establishing a design review committee and providing for the review of site plans by that committee. Plaintiff's attack upon this amendment is founded upon the objection that the standards set forth in the ordinance for use...

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