MONTEREY ESTATES v. PLANNING BD.


231 N.J. Super. 78 (1989)

554 A.2d 1370

MONTEREY ESTATES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE TOWNSHIP OF MANALAPAN AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1989.


Attorney(s) appearing for the Case

Robert F. Munoz argued the cause for appellant Planning Board of the Township of Manalapan (Lomurro, Davison, Eastman & Munoz, attorneys; Robert F. Munoz, of counsel and on the letter brief).

Michael F. Chiarella argued the cause for appellant The Township Committee of the Township of Manalapan (Gagliano, Tucci, Iadanza and Reisner, attorneys; Michael F. Chiarella, on the brief).

Leonard R. Fellen argued the cause for respondent.

Before Judges BILDER and A.M. STEIN.


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

N.J.S.A. 40:49-2(d) requires that the adoption of municipal ordinances be publicly noticed in an appropriate local newspaper.

Upon passage, every ordinance, or the title, together with a notice of the date of passage or approval, or both, shall be published at least once in a newspaper circulating in the municipality, if there be one, and if not, in a newspaper printed in the county and circulating...

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