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TIMBER PROPERTIES, INC. v. CHESTER TP.

205 N.J. Super. 273 (1984)

500 A.2d 757

TIMBER PROPERTIES, INC., LANDMARK FARMS, INC., JOHN R. HARDIN, JR. AND STEPHANIE P. HARDIN, PLAINTIFFS, v. TOWNSHIP OF CHESTER, THE MAYOR AND COUNCIL OF THE TOWNSHIP OF CHESTER, THE PLANNING BOARD OF THE TOWNSHIP OF CHESTER, MAYOR FRANK ADESSA, FRANK J. GOMEZ, EDWARD R. RUSSO, YALE H. FERGUSON AND JAMES D. SMITH, ROBERT COLE, EARL BRIDGETT, PEYTON ROCHELLE, FRANK GOMEZ, FRANK D'ALONZO, LEONARD TAYLOR AND KENNETH CARO, DEFENDANTS.

Superior Court of New Jersey Law Division Morris County/Middlesex County.

Decided March 2, 1984.

Attorney(s) appearing for the Case

Herbert A. Vogel and Thomas F. Collins, Jr., for plaintiffs (Vogel & Chait, attorneys).

Alfred L. Ferguson for defendant Township of Chester and individual defendants Adessa, et al. (McCarter & English, attorneys; Gary T. Hall on the brief).

James R. Hillas, Jr., for defendant Township of Chester Planning Board.

SKILLMAN, J.S.C.

This is a Mount Laurel case. See Southern Burlington Cty. N.A.A.C.P. v. Mount Laurel Tp., 92 N.J. 158 (1983) ("Mount Laurel II"). It follows the usual pattern. The principal plaintiff is Timber Properties, Inc. (referred to hereafter as "Timber"), a builder which proposes to construct a development that will include some housing for low and moderate...

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