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GREAT ATLANTIC PACIFIC TEA CO. INC. v. BOROUGH POINT PLEASANT

137 N.J. 136 (1994)

644 A.2d 598

THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., AND BRIDGE AVENUE ASSOCIATES, INC., PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF POINT PLEASANT, DEFENDANT-RESPONDENT, AND M. DEAN HAINES, COUNTY CLERK OF THE COUNTY OF OCEAN, DEFENDANT.

The Supreme Court of New Jersey.

Decided August 4, 1994.

Attorney(s) appearing for the Case

Gail L. Price argued the cause for appellant (Beattie Padovano, attorneys; Thomas W. Dunn, on the brief).

Jerry J. Dasti argued the cause for respondent (Dasti, Murphy & Wellerson, attorneys).

Fred G. Stickel, III, General Counsel, argued the cause for amici curiae, New Jersey State League of Municipalities and Institute of Municipal Attorneys.

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

A section of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-62.B (section 62.b), prohibits the adoption or amendment of a zoning ordinance by referendum. The Law Division held that the prohibition includes a non-binding referendum. In an unpublished opinion, the Appellate Division reversed. We granted the petition for certification of The Great Atlantic and Pacific Tea Company, Inc. v. Borough of...

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