BROWER DEV. v. PLANNING BD.


255 N.J. Super. 262 (1992)

604 A.2d 994

BROWER DEVELOPMENT CORP. AND JOSEPH D. BROWER, JR., PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF CLINTON AND THE MAYOR AND COUNCIL OF THE TOWNSHIP OF CLINTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1992.


Attorney(s) appearing for the Case

Ralph J. Salerno argued the cause for the appellants (Salerno & Lunga, attorneys).

William A. Shurts argued the cause for the respondent, Planning Board of the Township of Clinton (Felter, Cain & Shurts, attorneys).

Raymond S. Papperman argued the cause for the respondent, The Mayor and Council of the Township of Clinton (Vaida & Manfreda, attorneys).

Before Judges J.H. COLEMAN, STERN and KEEFE.


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

The issue to be decided is whether in municipalities which require that a notice of hearing concerning site plan approval be given to all property owners within 200 feet of the property which is "the subject of [the site plan] hearing," the applicant must give notice to property owners within 200 feet of property that is not owned by the applicant but will be used by the applicant as a secondary access road to...

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