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

219 N.J. Super. 539 (1986)

530 A.2d 1254

NEW JERSEY BUILDERS ASSOCIATION, BUILDERS ASSOCIATION OF SOMERSET/MORRIS, AND MILL RACE LIMITED, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND TOWNSHIP COMMITTEE OF BERNARDS TOWNSHIP, SOMERSET COUNTY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1986.

Attorney(s) appearing for the Case

Howard P. Shaw, argued the cause for appellants (Farrell, Curtis, Carlin & Davidson, attorneys; Howard P. Shaw, on the brief).

Wayne J. Peck, argued the cause for respondents (Hutt, Berkow & Jankowski, attorneys; Wayne J. Peck, on the brief).

Roy Kurnos, argued the cause for plaintiff Mill Race Limited (Murphy, Kurnos & Nish, attorneys, Michael P. Carroll, on the brief).

Before Judges ANTELL, SHEBELL and MATTHEWS.

PER CURIAM.

The determination under review is affirmed substantially for the reasons stated by Judge D'Annunzio in his formal written opinion for the Law Division dated February 25, 1985, 211 N.J.Super. 290. We decline to order the judgment under review limited to prospective applicability only since it neither announces a new rule of law nor represents a departure from existing law. See State v. Burstein,

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