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ACQUA DEV. CORP. v. TP. OF HOLMDEL

287 N.J. Super. 578 (1995)

671 A.2d 636

ACQUA DEVELOPMENT CORP., NEW JERSEY CORPORATION, RCG DEVELOPMENT CORP. OF HOLMDEL V, INC., NEW JERSEY CORPORATION AND FOREST HILLS AT HOLMDEL, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. THE TOWNSHIP OF HOLMDEL IN THE COUNTY OF MONMOUTH; THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL, ALICE M. KARLQUIST, THE DESIGNATED ZONING OFFICER OF THE TOWNSHIP OF HOLMDEL, AND CHARLES NAUGHTON, THE DESIGNATED BUILDING OFFICIAL OF THE TOWNSHIP OF HOLMDEL, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided: September 28, 1995.

Attorney(s) appearing for the Case

Thomas Daniel McCloskey for plaintiffs (Thomas Daniel McCloskey, attorney).

Duane O. Davison for defendants (Lomurro, Davison, Eastman & Munoz, P.A., attorneys).

HAYSER, J.T.C., (temporarily assigned).

May a municipality condition the issuance of a zoning permit on the payment of delinquent real property taxes? That is the central issue presented in this matter.

The essential facts are not in dispute. Plaintiffs are residential developers in the Township of Holmdel. In or about June 1995, plaintiffs Acqua Development Corp. and RCG Development Corp. of Holmdel V, Inc., made applications to the Township's zoning officer...

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