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N.J. BLDRS ASS'N v. MAYOR AND TOWNSHIP COMMITTEE OF BERNARDS TP.

211 N.J. Super. 290 (1985)

511 A.2d 740

NEW JERSEY BUILDERS ASSOCIATION, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, BUILDERS ASSOCIATION OF SOMERSET AND MORRIS, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, AND MILL RACE LIMITED, A PARTNERSHIP, PLAINTIFFS, v. THE MAYOR AND TOWNSHIP COMMITTEE OF BERNARDS TOWNSHIP, SOMERSET COUNTY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided February 25, 1985.

Attorney(s) appearing for the Case

Wayne J. Peck for plaintiffs (Hutt, Berkow, Hollander & Jankowski, attorneys).

Roy E. Kurnos for plaintiff Mill Race Limited (Murphy, Kurnos & Nish, attorneys).

Howard P. Shaw for defendant (Farrell, Curtis, Carlin & Davidson, attorneys).

D'ANNUNZIO, J.S.C.

At issue is the validity of Bernards Township's off-tract improvement ordinance. Resolution of this issue requires construction of N.J.S.A. 40:55D-42, a section of the Municipal Land Use Law (MLUL) which authorizes municipalities to require developers to contribute to certain off-tract improvements.

The ordinance, no. 672, establishes a program to determine the amount which must be paid by a developer for off-tract improvements as...

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