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D'ANNA v. PLANNING BD. OF WASH. TP.

256 N.J. Super. 78 (1992)

606 A.2d 417

FRANK D'ANNA, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE TOWNSHIP OF WASHINGTON, MORRIS COUNTY, NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Arthur K. Sirkis argued the cause for appellant.

Brian J. Mulligan argued the cause for respondent (Petrino, Skey, Dumont, Matejek & Roskos, attorneys; Brian J. Mulligan and David A. Larkin on the brief).

Before Judges COLEMAN, J.H. and BILDER.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

This is an appeal by the Planning Board of the Township of Washington (Board) from an order of the Law Division granting preliminary approval to plaintiff's major subdivision application pursuant to the automatic approval mechanism described in the Municipal Land Use Law, N.J.S.A. 40:55D-48c. The significant issue presented in this appeal is whether...

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