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URBAN FARMS, INC. v. FRANKLIN LAKES

179 N.J. Super. 203 (1981)

431 A.2d 163

URBAN FARMS, INC. AND URBAN FARMS SHOPPING CENTER, INC., PLAINTIFFS, RESPONDENTS, v. BOROUGH OF FRANKLIN LAKES, DEFENDANT-APPELLANT. URBAN FARMS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOROUGH OF FRANKLIN LAKES, A MUNICIPALITY UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1981.

Attorney(s) appearing for the Case

Donald A. Klein argued the cause for the Borough of Franklin Lakes (Winne, Banta, Rizzi & Harrington, attorneys; Joseph L. Basralian of counsel).

Jerome A. Vogel argued the cause for Urban Farms, Inc. and Urban Farms Shopping Center, Inc. (Jeffers, Walter, Tierney, De Korte, Hopkinson & Vogel, attorneys; Robert M. Schwartz on the brief).

Before Judges ALLCORN, PRESSLER and FURMAN.

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

These appeals, consolidated by the court on its own motion, involve a land-use controversy between the Borough of Franklin Lakes and Urban Farms, Inc., the developer of a proposed nursing home, formerly a permitted special-exception use.

The nursing home development plan here in issue was first presented to the municipality for special-exception approval in 1972 and was ultimately rejected by it in...

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