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PRECISION INDUSTRIAL DESIGN CO. v. BECKWITH

185 N.J. Super. 9 (1982)

447 A.2d 186

PRECISION INDUSTRIAL DESIGN COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. DAVID BECKWITH, JOHN KMETZ, DOROTHY CUSICK, ROBERT CALANDRA, DONALD KRUM, DONALD MANLEY, MICHAEL CORCORAN, KEITH KURTZ, RICHARD PILKINGTON, IN THEIR CAPACITY AS THE PLANNING BOARD OF THE BOROUGH OF POMPTON LAKES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1982.

Attorney(s) appearing for the Case

Patricia M. Barbarito argued the cause for the appellants (Einhorn, Harris & Platt, attorneys; Theodore E.B. Einhorn on the brief).

Joseph C. Petriello argued the cause for the respondent.

Before Judges MATTHEWS, PRESSLER and PETRELLA.

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

This appeal requires us to reconcile the competing policies of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq., and those provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., which mandate automatic site plan approval by a local planning board upon its failure to act within the time periods prescribed by

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