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DINKY WOODS v. WEST WINDSOR

291 N.J. Super. 325 (1996)

677 A.2d 289

FRIENDS OF THE DINKY WOODS, NANCY L. BENNETT AND GREGOR Z. HAVKIN, HOWARD E. ELDRIDGE AND BRAITH A. ELDRIDGE, REBECCA A. ISEMAN AND RONALD E. VANGI, STUART H. JOHNSTON AND ALISON JOHNSTON, ALBERT MCGRIGOR, MICHAEL V. PIRONE AND JOANNE E. PIRONE, JAMES MOELLER AND TAMERRA MOELLER AND LORRAINE OSBORNE AND RALPH OSBORNE, PLAINTIFFS, v. TOWNSHIP OF WEST WINDSOR AND PLANNING BOARD OF TOWNSHIP OF WEST WINDSOR, DEFENDANTS. MERCER MALL PROPERTY GROUP, PLAINTIFF, v. WEST WINDSOR TOWNSHIP, TOWNSHIP COUNCIL OF WEST WINDSOR, AND WEST WINDSOR TOWNSHIP PLANNING BOARD, DEFENDANTS, v. HENDON PROPERTY ASSOCIATES, L.P., DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division Mercer County.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Walter R. Bliss, Jr., for plaintiffs Friends of the Dinky Woods, et al. (Mr. Bliss and James F. Scherwin on the brief).

Jonathan I. Epstein, for plaintiff Mercer Mall Property Group (Drinker Biddle & Reath, attorneys; Mr. Epstein, Christine Cartwright, and Charles B. Liebling on the brief).

Gerald J. Muller, for defendant West Windsor Township Planning Board (Miller, Porter & Muller, P.C., attorneys; Mr. Muller on the brief).

Eric M. Bernstein, for defendant Township of West Windsor (Weiner Lesniak, attorneys; Mr. Bernstein on the brief).

Ross A. Lewin, for defendant-intervenor Hendon Property Associates, L.P. (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Lewin, Mark A. Solomon, Christopher K. Costa and Gregory Mandak on the brief).

CARCHMAN, A.J.S.C.

These consolidated motions for partial summary judgment require a determination as to the methodology to be utilized in calculating the area required to lodge a valid protest to a proposed zoning change under N.J.S.A. 40:55D-63 (the statute). Broadly stated, the statute requires that the owners of 20% of certain land participate in the protest for the protest to be valid, and the statute references a 200 foot distance from the land to be...

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