FLAMA CONST. CORP. v. TP. OF FRANKLIN


201 N.J. Super. 498 (1985)

493 A.2d 587

FLAMA CONSTRUCTION CORP., PLAINTIFF-APPELLANT, v. TOWNSHIP OF FRANKLIN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1985.


Attorney(s) appearing for the Case

Jeffrey L. Shanaberger argued the cause for appellant (Mezey & Mezey, attorneys; Frederick C. Mezey, on the brief).

Thomas J. Cafferty argued the cause for respondent (McGimpsey & Cafferty, attorneys).

Before Judges PETRELLA and BAIME.


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

Plaintiff Flama Construction Corp. (Flama) instituted suit as a former and prospective developer of properties in Franklin Township. It challenged the validity of Franklin Township's ordinance requiring, as a prerequisite to any action by the Franklin Township Planning Board and Board of Adjustment on a developer's application, payment into an escrow account...

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