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FAULHABER v. TOWNSHIP COMMITTEE

274 N.J. Super. 83 (1994)

643 A.2d 52

JOHN M. FAULHABER, III, AND CAROL FAULHABER, PLAINTIFFS, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOWELL, DEFENDANT, AND WAL-MART STORES, INC., A DELAWARE CORPORATION, DEFENDANT/INTERVENOR.

Superior Court of New Jersey, Law Division (Civil), Monmouth County.

Decided January 21, 1994.

Attorney(s) appearing for the Case

John Paul Doyle, for plaintiffs (Doyle and Cucci, attorneys).

Allen S. Kaplan, for defendant Tp. of Howell (Kaplan & Bookbinder, attorneys).

William J. Mehr, for defendant/intervenor Walmart (Mehr & LaFrance, attorneys).

Mark Williams, for defendant/intervenor landowners.

O'HAGAN, J.S.C.

This action in lieu of a prerogative writ challenges the actions taken on November 12, 1991, by the Howell Township Committee (hereinafter referred to as the "Township Committee"), in adopting an ordinance changing the zone classification of five lots from ARE-2 to Highway Development (hereinafter referred to as "HD").

The plaintiffs, who are property owners in Howell Township, contend initially that their suit filed on September 14, 1992,...

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