ORGO FARMS & GREENHOUSES v. COLTS NECK TP.


192 N.J. Super. 599 (1983)

471 A.2d 812

ORGO FARMS & GREENHOUSES, INC., A NEW JERSEY CORPORATION AND RICHARD J. BRUNELLI, PLAINTIFFS, v. TOWNSHIP OF COLTS NECK, A MUNICIPAL CORPORATION; AND ZONING BOARD OF ADJUSTMENT OF TOWNSHIP OF COLTS NECK, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided October 7, 1983.


Attorney(s) appearing for the Case

David J. Frizell for plaintiff (Frizell & Pozycki attorneys).

Robert W. O'Hagan for defendant Township (Stout, O'Hagan & O'Hagan attorneys).

William R. Blair for defendant Zoning Board of Adjustment.


SERPENTELLI, J.S.C.

The issue before the Court is whether the location of the developer's property in an area designated as "limited growth" by the State Development Guide Plan (SDGP) precludes builder's relief as a matter of law. The question reaches the Court as a result of defendant's summary judgment motion to bar plaintiff from obtaining any builder's remedy even if plaintiff should succeed in proving that defendant's zoning ordinance violates the principles...

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