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WARNER CO. v. SUTTON

270 N.J. Super. 658 (1994)

637 A.2d 960

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; MOVANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1994.

Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants (Rutgers Environmental Law Clinic and Schneck, Price, Smith & King, attorneys; Mr. Lloyd and Margaret M. Hayden on the joint brief with James P. Wyse).

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

Richard H. Daniels, attorney for respondent Maurice River Township and Maurice River Township Committee, joins in the brief submitted on behalf of respondent Warner Company (Mr. Daniels on the letter in lieu of brief).

Seeley & Jones, P.A., attorneys for respondent Maurice River Township Planning Board join in the brief submitted on behalf of respondent Warner Company (James J. Seely, on the letter in lieu of brief).

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

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

In this zoning case, movants environmental groups sought post-judgment intervention for the purpose of appealing an amended consent order which memorialized a settlement between plaintiff Warner Company and defendants Maurice River Township Committee and Planning Board. The Law Division judge denied the motion, concluding that the application was untimely. We...

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