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BALTICA CONST. CO., INC. v. PLANNING BD. OF TP. OF FRANKLIN

222 N.J. Super. 428 (1988)

537 A.2d 319

BALTICA CONSTRUCTION CO., INC., PLAINTIFF-APPELLANT, v. PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN, MAYOR & COUNCIL OF FRANKLIN TOWNSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1988.

Attorney(s) appearing for the Case

Francis P. Linnus, attorney for appellant (Francis P. Linnus and Carl Peer on the briefs).

William T. Cooper, attorney for respondent Planning Board of the Township of Franklin (William T. Cooper on the brief).

McGimpsey & Cafferty, attorneys for respondent Mayor and Council of Franklin Township; (Thomas J. Cafferty on the brief).

Before Judges HAVEY and STERN.

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

Plaintiff Baltica Construction Company, Inc., was granted a ten-lot subdivision approval by defendant planning board of the Township of Franklin (board). As a condition to approval the board required plaintiff to bear the entire cost of installing an off-site water line. Plaintiff protested the condition and instituted the present suit to compel the board to allocate plaintiff's pro-rata share of the improvement...

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