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K. HOVNANIAN AT LAWRENCEVILLE, INC. v. MAYOR AND COUNCIL

234 N.J. Super. 422 (1988)

560 A.2d 1297

K. HOVNANIAN AT LAWRENCEVILLE, INC., PLAINTIFF, v. LAWRENCE TOWNSHIP MAYOR AND COUNCIL, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided April 15, 1988.

Attorney(s) appearing for the Case

Bruce D. Greenberg appeared for plaintiff (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys).

Andrew M. Kusnirik, III appeared for defendants (Bocchini and Blake, attorneys).

The opinion of the court was delivered by LEVY, J.S.C.

N.J.S.A. 40:55D-53 authorizes enactment of an ordinance to assure the installation and maintenance of on-tract improvements as a condition of subdivision, site plan or zoning approval. The legislative scheme permits posting of a performance bond for up to 120% of the cost of installation, release from liability on the performance bond upon approval of the...

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