FRANK A. GREEK & SONS, INC., DKM PROPERTIES CORPORATION, RICHARD V. NELSON, I. HELLER CONSTRUCTION COMPANY, INC. AND M. ALFIERI COMPANY, INC., PLAINTIFFS-RESPONDENTS,
v.
THE TOWNSHIP OF SOUTH BRUNSWICK IN THE COUNTY OF MIDDLESEX, THE TOWNSHIP COMMITTEE OF SOUTH BRUNSWICK AND THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK BOARD OF ADJUSTMENT, DEFENDANTS-APPELLANTS. TIMBER PONDS, INC., PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF SOUTH BRUNSWICK, IN THE COUNTY OF MIDDLESEX, THE TOWNSHIP COMMITTEE OF SOUTH BRUNSWICK AND THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK BOARD OF ADJUSTMENT, DEFENDANTS-RESPONDENTS. MORRIS INDUSTRIAL BUILDERS, INC., PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF SOUTH BRUNSWICK, IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK, THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK, DEFENDANTS-APPELLANTS. FRANK DIMISA, D/B/A FOX RUN II, AND MCCAMPBELL DEVELOPMENT, INC., A NEW JERSEY CORPORATION, RESPONDENTS,
v.
THE TOWNSHIP OF HOLMDEL, IN THE COUNTY OF MONMOUTH, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL AND THE PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL, APPELLANTS. EUGENE J. LONG, RESPONDENT,
v.
THE TOWNSHIP OF CHESTER, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE MAYOR AND TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHESTER, DEFENDANTS. CHESTERFIELD FARMS, DIRAJE CORPORATION, CHESTNUT RUN LIMITED PARTNERSHIP, CUSTOM LIVING HOMES, INC., TWIN BROOKS LIMITED PARTNERSHIP, ARTHUR N. FURHMAN, KENDALL WOODS LIMITED PARTNERSHIP AND KENDALL CONSTRUCTION CORPORATION, PLAINTIFFS,
v.
THE TOWNSHIP OF CHESTER IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND THE MAYOR AND TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHESTER, DEFENDANTS. REALTY TRANSFER COMPANY LIQUIDATING TRUST, PLAINTIFF,
v.
TOWNSHIP OF CHESTER, COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHESTER, DEFENDANTS. CHERRY HILL PROPERTIES CORPORATION, RESPONDENT,
v.
THE TOWNSHIP OF CHERRY HILL IN THE COUNTY OF CAMDEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHERRY HILL, APPELLANTS, AND COUNCIL ON AFFORDABLE HOUSING (COAH), INTERVENOR-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 30, 1992.
Decided June 16, 1992.
Attorney(s) appearing for the Case
Geraldine Callahan, Deputy Attorney General, argued the cause for appellant Council on Affordable Housing (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Geraldine Callahan, on the brief).
Edward L. Picone argued the cause for appellant Township of South Brunswick (Lawrence W. Saltzman, on the brief).
Francine I. Axelrad argued the cause for appellants, The Township of Cherry Hill and the Township Council of the Township of Cherry Hill.
Thomas F. Carroll, III argued the cause for respondents, Frank A. Greek & Sons, Inc., DKM Properties Corporation, Richard V. Nelson, I. Heller Construction Company, Inc., M. Alfieri Company, Inc., Timber Ponds, Inc., Frank DiMisa d/b/a Fox Run II, McCampbell Development, Inc., Eugene J. Long, Chesterfield Farms, Diraje Corporation, Chestnut Run Limited Partnership, Custom Living Homes, Inc., Twin Brooks Limited Partnership, Author N. Furhman, Kendall Woods Limited Partnership and Kendall Construction Corporation (Hill Wallack, attorneys).
David B. Rubin argued the cause for respondent, Morris Industrial Builders, Inc. (Rubin, Rubin, Malgran & Kuhn, attorneys).
Eugene Iadanza argued the cause for respondent, Township of Holmdel and the Township Committee of the Township of Holmdel (Tucci, Iadanza & Reisner, attorneys).
Gary T. Hall argued the cause for respondents, Township of Chester and the Mayor and Township Council of the Township of Chester (McCarter & English, attorneys).
Jeffrey Kantowitz argued the cause for respondents, Realty Transfer Company Liquidating Trust and Cherry Hill Properties Corporation (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Jeffrey Kantowitz, of counsel and on the brief; Deirdre Moore, on the brief).
Before Judges BILDER, STERN and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KEEFE, J.A.D.
After the Supreme Court issued its decision on December 13, 1990, in Holmdel Builders Ass'n v. Township of Holmdel,121 N.J. 550, 583 A.2d 277 (1990), the Council On Affordable Housing (COAH) issued an "Administrative Order" (AO) on January 28, 1991, announcing its intention to adopt regulations with respect to mandatory development fees...
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