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KLINE v. BERNARDSVILLE ASS'N, INC.

267 N.J. Super. 473 (1993)

631 A.2d 1263

JOHN S. KLINE, ALFRED R. KLINE AND MARY KLINE, PLAINTIFFS-APPELLANTS, v. BERNARDSVILLE ASSOCIATION, INC., A N.J. CORP., T/A HILLSBOROUGH CENTER, THE TOWNSHIP OF HILLSBOROUGH AND THE PLANNING BOARD OF THE TOWNSHIP OF HILLSBOROUGH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1993.

Attorney(s) appearing for the Case

Kenneth P. Fee, attorney for appellants (Mr. Fee, on the brief).

Welaj and Miller, attorneys for respondent Bernardsville Association, Inc. (Thomas C. Miller, on the brief).

Frank N. Yurasko, attorney for respondents The Township of Hillsborough and The Planning Board of the Township of Hillsborough (Mr. Yurasko, on the brief).

Before Judges PETRELLA, BAIME and CONLEY.

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

The Hillsborough Township Planning Board (Board) granted Bernardsville Association, Inc.'s (Bernardsville) application for preliminary and final site plan approval respecting a proposed shopping center upon the condition that the applicant relocate a right of way easement held by the adjacent property owners, John, Alfred and Mary Kline. The Klines instituted an action in lieu of prerogative writs, challenging...

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