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FIRST PEOPLES BANK v. MEDFORD TP.

126 N.J. 413 (1991)

599 A.2d 1248

FIRST PEOPLES BANK OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF MEDFORD AND STEPHEN D. SAMOST, DEFENDANTS-RESPONDENTS, AND JOSEPH SAMOST, DEFENDANT. LAND AND MARKETING TECHNOLOGY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. TOWNSHIP OF MEDFORD AND MAIN LINE REALTY, A PARTNERSHIP, DEFENDANTS-RESPONDENTS, AND JOSEPH SAMOST, AN INDIVIDUAL; JOHN DOES 1-100; CEDARSTONE CONSERVATION COMPANY; ALL LAND REALTY CORP.; ESTATE OF IRWIN L. LEVY, MARLENE LEVY; TANGENT DEVELOPMENT, A PARTNERSHIP; FIRST PEOPLES BANK OF NEW JERSEY; SHARPS RUN ASSOCIATES, A LIMITED PARTNERSHIP; MEDFORD CIRCLE ASSOCIATES, INC.; AND WILLIAM V. BURK, AN INDIVIDUAL, DEFENDANTS. HEDGE ASSOCIATES, A NEW JERSEY JOINT VENTURE, PLAINTIFF, v. TOWNSHIP OF MEDFORD, A MUNICIPAL CORPORATION; AND STEPHEN SAMOST, DEFENDANTS, MEDFORD WALK, INC., INTERVENOR.

The Supreme Court of New Jersey.

Decided December 30, 1991.

Attorney(s) appearing for the Case

Martin S. Ettin and Lewis Katz argued the cause for appellants (Katz, Ettin, Levine & Kurzweil, attorneys).

John A. Almeida argued the cause for respondent Township of Medford (John A. Almeida, attorney; Richard W. Hunt, on the brief).

Frederick W. Hardt argued the cause for respondent Steven D. Samost.

Jeffrey I. Baron argued the cause for respondent Main Line Realty (Thomas F. Crawford, attorney).

The opinion of the Court was delivered by POLLOCK, J.

First Peoples Bank of New Jersey (the Bank) challenges both facially and as applied the sewer ordinance of Medford Township (Medford or the Township). In unreported opinions, the Law Division and the Appellate Division sustained the ordinance. We granted the Bank's petition for certification, ___ N.J. ___, ___ A.2d ___ (1991), and now affirm.

-I-

In the mid-1970s Medford experienced...

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