FIELD v. FRANKLIN TP.


190 N.J. Super. 326 (1983)

463 A.2d 391

JACK W. FIELD, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN; PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN, DEFENDANTS-RESPONDENTS, AND FRANKLIN CITIZENS FOR ORDERLY PLANNING, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1983.


Attorney(s) appearing for the Case

Mark L. First argued the cause for appellant (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Mark L. First of counsel and on the brief).

Dennis A. Auciello argued the cause on behalf of respondent Planning Board. (Dennis A. Auciello on the brief).

David J. Frizell argued the cause on behalf of respondent Field (Frizell & Pozycki, attorneys; David J. Frizell of counsel and on the brief).

Before Judges BOTTER, POLOW and BRODY.


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

In November 1978 plaintiff Jack W. Field applied to the Franklin Township Planning Board for preliminary approval of a Planned Unit Development (PUD) on a 396.5 acre tract. The entire development would encompass 1332 townhouses and 1332 garden apartment units, the maximum number of each of the two types of residential units permitted for this tract under the Franklin...

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