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ORGO FARMS & GREENHOUSES, INC. v. COLTS NECK TP.

204 N.J. Super. 585 (1985)

499 A.2d 565

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. SEA GULL, LTD. BUILDERS, INC., PLAINTIFF, v. TOWNSHIP OF COLTS NECK, DEFENDANT.

Superior Court of New Jersey, Law Division.

August 7, 1985.

Attorney(s) appearing for the Case

David J. Frizell for plaintiff Orgo Farms & Greenhouses, Inc. (Frizell & Pozycki, attorneys).

Louis F. Locascio for plaintiff Sea Gull, Ltd. Builders, Inc. (Drazin and Warshaw, attorneys).

Robert W. O'Hagan for defendant Colts Neck Tp. (Stout, O'Hagan & O'Hagan, attorneys).

Edward C. Eastman, Jr. for defendant Colts Neck Zoning Board of Adjustment (Lomurro, Eastman and Collins, attorneys).

SERPENTELLI, A.J.S.C.

On March 19, 1985 the court commenced a hearing concerning the suitability of the sites owned by Orgo Farms and Greenhouses, Inc. (hereinafter Orgo) and Sea Gull, Ltd. Builders, Inc. (hereinafter Sea Gull) for development of Mount Laurel housing. The hearing was unusual in that the court does not normally determine the issue of suitability until such time as a compliance ordinance has been submitted. However, because the fair share was...

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