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WARNER CO. v. SUTTON

274 N.J. Super. 464 (1994)

644 A.2d 656

WARNER COMPANY, PLAINTIFF-RESPONDENT, v. BARBARA SUTTON, AS SECRETARY TO THE MAURICE RIVER TOWNSHIP PLANNING BOARD; MAURICE RIVER TOWNSHIP PLANNING BOARD; MAURICE RIVER TOWNSHIP AND MAURICE RIVER TOWNSHIP COMMITTEE, DEFENDANTS-RESPONDENTS, AND NEW JERSEY CONSERVATION FOUNDATION; NEW JERSEY AUDUBON SOCIETY; AND CITIZENS UNITED TO PROTECT THE MAURICE RIVER AND ITS TRIBUTARIES, INTERVENORS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1994.

Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants (Rutgers Environmental Law Clinic, attorneys; Mr. Lloyd and Margaret M. Hayden on the brief).

John B. Kearney argued the cause for plaintiff-respondent Warner Company (Kearney & Brady, P.C., attorneys; Mr. Kearney on the brief).

James J. Seeley argued the cause for defendant-respondent Maurice River Township Planning Board (Seeley & Jones, P.A., attorneys; Mr. Seeley on the brief).

Richard H. Daniels, attorney for respondents Maurice River Township and Maurice River Township Committee, joins in the brief submitted and argument of counsel on behalf of respondent Maurice River Township Planning Board (Mr. Daniels on the letter in lieu of brief).

Before Judges HAVEY, ARNOLD M. STEIN and ARIAL A. RODRIGUEZ.

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

The issue in this case is whether a Law Division judge, by consent order, may approve the settlement of land use litigation without a hearing and without the municipality adopting amendments to the zoning ordinance implementing the settlement terms. We conclude that the consent order entered here, which alters substantially the present zoning ordinance as to permitted uses and density, must be implemented by...

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