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F & W ASSOCIATES v. COUNTY OF SOMERSET

276 N.J. Super. 519 (1994)

648 A.2d 482

F & W ASSOCIATES, A PARTNERSHIP, FERRUGGIA ASSOCIATES, A PARTNERSHIP, AND CHASBOB, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. THE COUNTY OF SOMERSET, SOMERSET COUNTY PLANNING BOARD, THE TOWNSHIP OF WARREN, AND WARREN TOWNSHIP PLANNING BOARD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1994.

Attorney(s) appearing for the Case

Erwin C. Schnitzer, attorney for appellants (Mr. Schnitzer, on the brief).

Welaj, Miller & Robertson, attorneys for respondent County of Somerset (Thomas C. Miller, on the brief).

DeMarco & Lore, attorneys for respondent Somerset County Planning Board (John M. Lore, on the brief).

Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, P.A., attorneys for respondents Township of Warren and Warren Township Planning Board (John E. Coley, Jr., of counsel; Margaret M. Monaco and Judith A. Babinski, on the brief).

Before Judges PETRELLA, HAVEY and CUFF.

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

In this zoning case, plaintiffs challenge a traffic impact fee assessed by defendants Somerset County Planning Board, the Township of Warren and Warren Township Planning Board as a condition to plaintiffs' subdivision and site-plan approvals. Plaintiffs argue that: (1) under the County Planning Act, N.J.S.A. 40:27-1 to -8, the County Planning Board had no authority to assess the impact fees; (2) the New...

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