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CENTENNIAL LAND & DEV. CO. v. TP. OF MEDFORD

165 N.J. Super. 220 (1979)

397 A.2d 1136

CENTENNIAL LAND AND DEVELOPMENT COMPANY, PLAINTIFF, v. THE TOWNSHIP OF MEDFORD; THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MEDFORD AND EPHRAIM TOMLINSON, 2ND, JUDITH PALOMBI, ELIZABETH WOODFORD, LEE W. BUCKWALTER AND FORDON WARD, INDIVIDUALLY, MEMBERS OF THE TOWNSHIP COMMITTEE; PLANNING BOARD OF THE TOWNSHIP OF MEDFORD AND MARY ELDER, JUDITH PALOMBI, THOMAS SWEENEY, D. GREGORY LAW, ROBERT BENDE, ROBERT STEBBINS, EPHRAIM TOMLINSON, 2ND, RICHARD STRONG AND DONALD BUCHANAN, INDIV., MEMBERS OF THE PLANNING BOARD; ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MEDFORD AND KENNETH ALLEN, SUE LONKEVICH, HENRY CICHON, FRANCIS SHARPLESS, NEWLIN SMITH, DONALD BUCHANAN AND LEE BEALUH, INDIV., MEMBERS OF THE ZONING BOARD OF ADJUSTMENT; REGAN STEIN ASSOCIATES, A N.J. PARTNERSHIP AND THOMAS SCANGERELLA, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 3, 1979.

Attorney(s) appearing for the Case

Mr. Donald E. Williams, attorney for plaintiff.

Mr. Frederick W. Hardt, attorney for defendant planning Board of Twp. of Medford.

Mr. Thomas Norman, attorney for defendants Tomlinson, Palombi, Woodford, Buckwalter, Ward, Regan Stein Assoc. and Scangarella.

Mr. Robert E. Kingsbury, attorney for defendants Allen, Lonkevich, Cichon, Sharpless, Smith, Buchanan and Bealuh.

WELLS, J.S.C.

This motion for summary judgment is made by the individual defendants, members of the Medford Township Planning Board, Board of Adjustment and Township Committee, respectively, who have been sued in their individual capacities by plaintiff development corporation. The facts, although detailed and complex, may be summarized for purposes of this motion as follows:

In 1970 plaintiff's predecessor in title applied to the Planning Board of Medford...

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