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N.J. SHORE BUILDERS v. MAYOR

234 N.J. Super. 619 (1989)

561 A.2d 319

NEW JERSEY SHORE BUILDERS ASSOCIATION, A NEW JERSEY NON-PROFIT CORPORATION, PLAINTIFF v. MAYOR AND TOWNSHIP COMMITTEE OF TOWNSHIP OF MIDDLETOWN, NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided March 13, 1989.

Attorney(s) appearing for the Case

Steven M. Berlin, for plaintiff.

William F. Dowd, for defendants.

PESKOE, J.S.C.

In this action in lieu of prerogative writs, plaintiff attacks the validity of the Middletown Township moratorium ordinance adopted pursuant to N.J.S.A. 40:55D-90b. For reasons set forth below, this court concludes that the ordinance is invalid because it was based on a health officer's opinion that lacked the factual basis to demonstrate the existence of a "clear imminent danger to the health...

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