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ROUND VALLEY, INC. v. CLINTON TP.

173 N.J. Super. 45 (1980)

413 A.2d 356

ROUND VALLEY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF CLINTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, TOWNSHIP COUNCIL OF THE TOWNSHIP OF CLINTON AND PLANNING BOARD OF THE TOWNSHIP OF CLINTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1980.

Attorney(s) appearing for the Case

Roger M. Cain argued the cause for appellants Township of Clinton and Township Council of the Township of Clinton (Felter, Cain & Shurts, attorneys).

Francis P. Sutton argued the cause for appellant Planning Board of the Township of Clinton.

Michael J. Herbert argued the cause for respondent (Sterns, Herbert & Weinroth, attorneys).

A brief was filed on behalf of amicus curiae South Branch Watershed Association by Environmental Action Institute (Benjamin Levine, of counsel).

Before Judges MATTHEWS, ARD and POLOW.

PER CURIAM.

Defendants appeal from a judgment of the Law Division invalidating the Township of Clinton's land use ordinance1 as it applied to plaintiff's property. The trial judge found the ordinance to be impermissibly exclusionary to the extent that it did not make adequate provision for the municipality's fair share of the least-cost housing needs in its housing region.

Plaintiff...

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